TMI Blog2015 (11) TMI 1851X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the assessee as well as in favour of the Revenue also, we refer the Hon ble Apex Court decision in the case of M/s Vegetable Products Ltd. [ 1973 (1) TMI 1 - SUPREME COURT] , wherein it has been held that in the taxing provision if two constructions are possible, one favouring assessee should be adopted. Respectfully following the above precedent, decide this issue in favour of the assessee and against the revenue and accordingly delete the addition in dispute and decide the ground no. 2 in favour of the assessee. Not allowing the exemption u/s. 10(23C)(iiiae) - HELD THAT:- As per the AO, the assessee has not filed any documentary evidence before the lower authorities. But before me the assessee has filed a Paper Book for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfirming the action of Ld. AO in making disallowance of ₹ 2,25,571/- on account of depreciation claimed by the appellant. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in not allowing the exemption uls 10(23C)(iiiae) and has further erred in observing that there is a profit motive of the society and i~ned order has been passed by recording incorrect facts and findings and without providing adequate opportunity of hearing. 4. That in any view of the matter and in any case, action of Ld. CIT (A) in confirming the action of Ld. AO in not allowing the exemption uls 10(23C)(iiiae) and in deleting the disallowance of depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said order of the Ld. CIT(A), Assessee is in appeal before the Tribunal. 6. Ld. Counsel of the assessee reiterated the contention raised in the grounds of appeal and also filed a Paper Book containing pages 1 to 20 having copy of assessee s reply dated 17.12.2012 filed to the AO; copy of assessee s reply dated 8.1.2013 filed to the AO alongwith annexures; copy of assessee s reply dated 22.1.2013 filed to the AO; copy of assessee s submissions dated 9.1.2015 filed before the Ld. CITA(A) and copy of assessee s submissions dated 30.4.2015 filed before the Ld. CIT(A) and stated that the same were considered by the lower authorities. 7. On the other hand, Ld. DR relied upon the order passed by the Ld. CIT(A) on the issues in dispute. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocumentary evidence before the lower authorities. But before me the assessee has filed a Paper Book for substantiating his claim containing pages 1 to 20 having copy of assessee s reply dated 17.12.2012 filed to the AO; copy of assessee s reply dated 8.1.2013 filed to the AO alongwith annexures; copy of assessee s reply dated 22.1.2013 filed to the AO; copy of assessee s submissions dated 9.1.2015 filed before the Ld. CITA(A) and copy of assessee s submissions dated 30.4.2015 filed before the Ld. CIT(A) which needs to be considered afresh, under the law. Therefore, in the interest of justice, this issue is remitted back to the file of the AO for fresh consideration, after giving adequate opportunity of being heard to the assessee. 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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