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TMI Blog2020 (11) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... uced as under:- "This appeal is filed against the order of the Commissioner of Income Tax-(Appeal) dated 28th February 2018 passed u/s 250(6) of Income Tax Act on the following amongst other grounds each of which is in the alternative and without prejudice to any other ground. 1. The learned CIT (A) has erred in law and in fact in confirming the order of the learned Assessing Officer determining the income at Rs. 19,71,33,840/-. 2. The learned CIT(A) has erred in law in sustaining the tax payable as determined by the learned Assessing Officer at Rs. 9,72,22,380/-. 3. The learned ClT(A) has erred in law in not quashing the order of the Assessing Officer which is contrary to law, facts and in circumstances of the case. 4. The learned CIT(A) is wrong in confirming the reassessment framed u/s 147of Tax Act. I. Non Disposal of Objections raised by the Appellant 5. The Assessing Officer in Para 3.1 in Page NO.5 of the assessment order passed u/s 147 r.w.s. 143(3) dated 23rd March 2016 has stated that the appellant has not objected to the reopening of the assessment, whereas the appellant vide letter dated 12th May 2015 has filed its objection before the learned Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IV. Form 10 not considered 16. The CIT (A) has erred in not entertaining the plea for accumulation of income for the purpose stated forming part of the statutory Form10 within the scope of Section 11(2) of the Income Tax Act. 17. The CIT(A) has failed to deal with the accumulation through Form 10 adduced as additional ground of appeal by the appellant vide its additional grounds dated 26th February 2018 filed before the ClT(A). 18. The ClT (A) shall have considered the decision of the Hon'ble High Court of Gujarat in CIT Vs Mayur Foundation (2005) 274 ITR 565 which distinguished the judgement of the Hon'ble Supreme Court of India in the case of CIT vs Nagpur Hotel Owners' Association (2001) 247 ITR 201 which states that Form 10 can be filed even when the relevant assessment year is under appeal. The relevant excerpt of the case reads as follows :- ".......the assessment is in appeal, it should be treated as pending, so that it could be followed at the stage of appeal by way of additional grounds. Not all time limited are mandatory, since not proved case, as in the case of time limit for filing audit report, the courts have found that they are often directory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts & science college, a matriculation school and CBSE school. The Trust is registered under section 10(23C)(vi) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") vide the order of Chief Commissioner of Income Tax No.CCITIII/ 187/10(23C)/07-08 dated 30.04.2008 w.e.f assessment year 2003-04. The trust is also registered u/s.12A of the Act, vide order dated 31.10.1983. The assessee trust filed its return of income for the assessment year 2011-12 & 2012-13 on 28.09.2012 admitting Nil total income, after claiming exemption under section 10(23C)(vi) of the Act. An inquiry was conducted under section 131 of the Act on 23.11.2012 and based on various inputs, the CCIT cancelled the registration granted under section 10(23C)(vi) of the Act vide his order dated 14.03.2013 with retrospective effect from assessment year 2006-07. Against the order of CCIT, the assessee had filed writ petition before the Hon'ble High Court of Madras praying for restoration of registration of the trust which is pending for adjudication. Thereafter, notice u/s.148 was issued on 01.08.2014 to reopen the assessment for both assessment years. In response to the notice, the assessee has filed return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue for the assessment year 2012-13, the learned DR submitted that since the appeals of the assessee have been set aside, the appeal filed by the Revenue may also be remitted back to the file of the A.O. to look into the issue afresh in the light of the various averments made by the assessee in the light of the findings of the Tribunal for the earlier assessment years. 8. We have heard both the parties, perused the material available on record and gone through the orders of authorities below. We find that an identical issue has been considered by the Tribunal for the assessment years 2006-07 to 2010-11, where after considering the relevant facts of the case, the Tribunal has restored the matter to the file of the A.O. to reconsider the issue raised by the assessee regarding claim of exemption u/s.11 of the Act. We further noted that facts of the impugned assessment years are identical to the case considered by the Tribunal for the earlier assessment years and further assessment of earlier assessment years will have bearing on the assessments framed by the A.O for these assessment years. Therefore, considering the facts and circumstances and also the fact that assessee's ..... X X X X Extracts X X X X X X X X Extracts X X X X
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