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TMI Blog2022 (2) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... heard together and are disposed of by this common order for the sake of convenience. ITA No. 200/Ind/2020-A.Y. 2002-03 3. The grounds of appeal raised by assessee read as under: "1. The ld CIT was not justified in passing order u/s. 263, which is bad-inlaw, void ab initio, barred by limitation, illegal, contrary to the facts and circumstances of the case, liable to be annulled. 2. The ld CIT was not justified in initiating proceedings u/s. 263, as the order of the Id AO was neither erroneous not prejudicial to the interest of the revenue; and thus the revision order deserves to be quashed. 3. The ld Assessing Officer passed the set-aside order granting exemption u/s. 10(23C) based on the directions of the Hon'ble ITAT, and thus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A.Ys. 2002-03 to 2006- 07, "the Ld. AO has to verify the conditions of section 10(23C) (iiiae) as applicable to the assessee and allow the claim in accordance with law". 4.2 In compliance to the abovesaid direction of the Tribunal, the lower authorities held that after careful examination of the facts placed on record and submission of the assessee, it is noticed that assessee was not filing its regular return of income. Further, the assessee has filed its return of income when notice under S.153C of the Act was issued to the assessee. On perusal of the return of income, it is found that assessee has filed return of income without claiming exemption under S. 10(23C) (iiiae) of the Act. The reliance is placed on record Hon'ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the ITAT directions and that should not have been bestowed by the learned PCIT. The judgment which has been cited by the learned PCIT, it is categorically mentioned in the said judgment that Hon'ble Supreme Court does not wish to impinge on power of the Tribunal. As per Income Tax Act, powers of ITAT are dealt with second appeal on all matters of direct tax including appeals against revisional order of the Administrative Commissioner as well as order denying the registration under S.12AA or 80G of the Act etc. Tribunal has been entrusted with the responsibility of deciding intricate question of law and facts and in case of facts, Tribunal is a final finding authority. In these circumstances, the Tribunal has categorically directed learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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