TMI Blog2019 (12) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... on under section 12AA is granted in the subsequent year then exemption cannot be refused in the earlier years merely for non registration under section 12A in terms of amended under section 12A of the Act. Keeping in view of the aforesaid discussion and respectfully following the precedents as aforesaid, the addition on account of corpus donation is deleted. Disallowance on account of repair and maintenance - After considering the arguments advanced by the learned counsel for the assessee and the learned DR alongwith the documentary evidences filed by the assessee in support of his contention, books of accounts of the assessee are audited and bill and vouchers in support of the expenses has been produced by the assessee and examined by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Because, Ld. CIT(A) erred in sustaining the addition of ₹ 13,24,355/- on merits, being 50% of repairs / maint and ₹ 1106370/- out of payment to services provider (Booked as Building repair/maint wrongly) without conducting any enquiry the remand etc. despite holding that, appellant having surrendered the amount, AO was defiantly precluded from making any other enquiries in the regard. 3. Because, in addition to above ld. CIT(A) failed to appreciate that surrender on wrong assumption of facts and law does not bind parties and failed to consider the facts on the record like exp. are mainly the banking transactions/suffered TDS/accepted in subsequent year etc. 2. The brief facts of the case ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee stated that assessee is a society created on 4.5.2007 but not holding registration under section 12AA of the I.T. Act in the current year and has applied for registration under section 12AA on 28.03.2013 which was later granted on 28.03.2013. He also draw my attention towards the registration certificate attached with the paper book. He further stated that the society is mainly educational society running college hospital management, Ghaziabad duly approved from the Sikkim Manipal University. Society has received corpus donation of ₹ 9,02,500/- during the current year towards corpus fund, but the Assessing Officer has added the same as business income only for want of registration under section 12AA/10(23C) of the Income Tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration under section 12A of the Act is granted in subsequent years, then exemption cannot be refused in earlier years merely for registration under section 12A of the Act in terms of amended section 12A of Income Tax Act. He also cited the case of Sree Sree Ramkrishna Sanity vs. DCIT (2015) 64 taxmann.com 33 (Kol). 8. On the issue of disallowances of ₹ 13,24,355/- being out of repair and maintenance, learned counsel for the assessee stated that the books of accounts of the assessee are audited and bill vouchers were produced by the assessee before the lower authorities which have been examined. He further stated that Revenue authorities have not rejected the books of accounts and no defect in any specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ram Prakash [2014] 52 taxmann.com 361 (Agra-Trib.), the issue is covered in favour of the assessee. 10. Learned DR strongly opposed the arguments advanced by the learned counsel for the assessee and relied upon by the order passed by the lower authorities. 11. I have heard both the parties, perused the orders passed by the Revenue authorities alongwith the paper books filed by the learned counsel for the assessee in which he has attached various documentary evidence supporting the claim of the assessee including various citations referred by him during the course of arguments. I am of the considered view that the issue of corpus donation of ₹ 9,02,500/- has already been decided in favour of the assessee b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then exemption cannot be refused in the earlier years merely for non registration under section 12A in terms of amended under section 12A of the Act. Keeping in view of the aforesaid discussion and respectfully following the precedents as aforesaid, the addition of ₹ 9,02,500/- on account of corpus donation is deleted. 13. As regards to the second issue of disallowance of ₹ 324355/- on account of repair and maintenance. After considering the arguments advanced by the learned counsel for the assessee and the learned DR alongwith the documentary evidences filed by the assessee in support of his contention, I am of the considered view that books of accounts of the assessee are audited and bill and vouchers in suppor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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