TMI Blog2021 (5) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... orm of order under s. 12AA of the Act dated 31.10.2017 is therefore admitted by the Tribunal for adjudication of dispute. Having regard to the fact that the order under s. 12AA of the Act was not presented before the first appellate authority for its consideration, we refrain ourselves from expressing our view on merits of the eligibility of deduction under s. 11/12 - Appeals of the assessee are allowed for statistical purposes. - I.T.A. Nos. 1612 and 1613/Ahd/2018 - - - Dated:- 13-5-2021 - Pradip Kumar Kedia, Member (A) And Madhumita Roy, Member (J) For the Appellant : A.P. Nanavaty, A.R. For the Respondents : S.S. Shukla, Sr. D.R. ORDER Pradip Kumar Kedia, Member (A) Both captioned appeals have been filed at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also confirmed the action taken under s. 143(1) of the Act for want of registration under s. 12A of the Act. It was thus held by the Revenue that income of the unregistered trust is susceptible to be taxed at maximum marginable rate under s. 267B of the Act as applicable to Association of Person (AOP). The status of the assessee was thus reckoned as AOP for the purposes of determination of tax liability. 3.2. In this backdrop, the learned counsel for the assessee adverted our attention to a petition before the Tribunal for admission of additional evidence in the form of 12AA of the Act being registration dated 31.10.2017 granted to the assessee together with an affidavit dated 07.09.2020 narrating the circumstances for non-production of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was not presented before the first appellate authority for its consideration, we refrain ourselves from expressing our view on merits of the eligibility of deduction under s. 11/12 of the Act. The impugned orders of the CIT(A) both dated 08.05.2018 for AYs. 2014-15 2015-16 are thus set aside and the issue is restored back to the file of the CIT(A) for de novo adjudication in accordance with law after taking into account the order passed granting registration under s. 12AA of the Act. It shall be open to the assessee to furnish such evidences and explanations as made deemed necessary towards justification of claim of benefit before the first appellate authority and for the purpose of determination of issue. 6. In the result, both the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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