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2020 (8) TMI 327

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..... hority in the case of Chandraprabhuji Maharaj Jain -vs- Deputy Commissioner of Income-tax, (Exemptions), Chennai [ 2019 (8) TMI 363 - MADRAS HIGH COURT ] . Therefore, we are of the opinion that the learned Assessing Authority has rightly taken into account the Form No.10 filed by the Assessee in the present case albeit belatedly and has granted the desired relief to the respondent Assessee, which is a Government Company incorporated for promotion of Industrial Development in the State. - Decided against revenue. - T.C.A.Nos. 386 & 387 of 2017 - - - Dated:- 13-8-2020 - HON'BLE DR. JUSTICE VINEET KOTHARI AND HON'BLE MR. JUSTICE KRISHNAN RAMASAMY For Appellant : Mr. J. Narayanaswamy, Senior Standing Counsel For Res .....

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..... r section 11, we set aside the assessments for both the assessment years and restore the matters to the file of the Assessing Officer with a direction to make fresh assessments taking into consideration the Form NO.10 filed by the assessee along with the returns of income filed in response to the notice under section 148 of the Act, after providing adequate opportunity of being heard to the assessee. 9. The assessee raised one more ground in respect of addition made by the Assessing Officer with regard to corpus donation treating as income of the assessee. Since we have set aside the assessments for fresh consideration in view of the Form NO.10 filed by the assessee, we feel it appropriate to remit this issue also back to the file of t .....

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..... ready held that Form No.10 filed belatedly could be taken into account by the Assessing Officer and has remanded the case back to the Assessing Authority in the case of Chandraprabhuji Maharaj Jain -vs- Deputy Commissioner of Income-tax, (Exemptions), Chennai reported in [2019] 110 taxmann.com 11 (Madras). Therefore, we are of the opinion that the learned Assessing Authority has rightly taken into account the Form No.10 filed by the Assessee in the present case albeit belatedly and has granted the desired relief to the respondent Assessee, which is a Government Company incorporated for promotion of Industrial Development in the State. 7. In view of this, we do not find any merit in the present appeals filed by the Revenue, which .....

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