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TMI Blog2021 (6) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... ilesh Gupta, Adv ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the Revenue against order dated 22/01/2013 passed by CIT(A)-XXI, New Delhi for assessment year 2005-06. 2. The grounds of appeal are as under:- 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the fact that out of total receipts amounting to Rs. 6,70,82,812/-, assessee has r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961 vide Notification No. 77/2002 dated 24/4/2002. The Society is also an approved institution notified u/s 35AC of the Income Tax Act, 1961 vide Notification No. 297-2002/F No. NC-90/2002 dated 11/10/2002 by the Government of India, Ministry of Finance and Company Affairs. The assessee Society filed its return of income declaring NIL income on 27/10/2005. In response to notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from foreign contributions/funds are in pursuance to agreements/contracts and in terms thereof the amount of unutilized grants is liable to be refunded. The Assessing Officer while passing an order u/s143(3) disallowed Rs. 1,30,65,305/- on ad-hoc basis from the expenses incurred or funds applied for charitable purposes and denied deductions u/s 11(1) to the society. 4. Being aggrieved by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment grants, state government grants, FCRA Funds/contributions from various countries and donations etc. The accounts of the assessee are subject to statutory audit and also audit by the Government Agencies like AGCR and by the auditors appointed by the funding agencies. These facts were not disputed by the Assessing Officer. The grant/funds received from Government, various Ministries and grants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer. The Assessing Officer has not given any adverse comment in respect of the remand report regarding the assessee's contentions before the CIT(A). Therefore, there is no need to interfere with the findings of the CIT(A). The appeal of the Revenue is dismissed. 8. In result, appeal of the Revenue is dismissed. Order pronounced in the Open Court on this 29th Day of June, 2021.< ..... X X X X Extracts X X X X X X X X Extracts X X X X
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