TMI Blog2020 (5) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.1 saying that the assessment was reopened u/s. 147 beyond four years. As rightly submitted by the assessee there was not even a whisper in the assessment order that the assessee failed to disclose the entire details required for completion of the assessment. It is not in dispute that the assessment was reopened beyond four years period. Therefore, this assessment is barred by limitation under proviso to s.147 of the Act. Therefore, the orders of both the authorities below are set aside and the appeal of the assessee stands allowed. Exemption u/s. 11 - charitable activity u/s 2(15) - Establishing Kalyana Mandapam - HELD THAT:- It is purely a commercial activity. Therefore, the assessee is not entitled for exemption u/s. 11 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Counsel for the assessee submitted that the Assessing Officer reopened assessment beyond the statutory period of four years. There is not even whisper in the assessment order that there was negligence on the part of the assessee in disclosing the entire details for the assessment. Therefore, the reopening of the complete assessment beyond the period of four years is not justified. 3. On the contrary, Shri A.R.V. Sreenivasan, the Ld. Departmental Representative submitted that the assessee has not raised that the issue of limitation in reopening the assessment either before the AO or before the Ld. CIT(A) and he has no records to argue the case. 4. Having heard the Ld. Counsel for the assessee and the Ld. Departmental Representative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act and there was no order u/s. 143(3) of the Act. Referring to the merit of the case, the Ld. Counsel for the assessee submitted that the assessee is running Kalyana Mandapam. One of the objects of the assessee is to establish and maintain Kalyana Mandapam apart from other objects including establishing and maintenance of cremation ground, donations to the students, recreation etc. On a query from the Bench how running a Kalyana Mandapam would be a charitable activity u/s. 2(15) of the Act, the Ld. Counsel for the assessee submitted that the assessee charging very nominal amount from the general public, therefore, it has to be considered as charitable activity. Referring to the issue of depreciation, the Ld. Counsel for the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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