TMI Blog2023 (9) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... n though discussed the issue in the body of the assessment order about the alleged contravention of section 13(1)(c) but ended up without making any specific addition in this regard. Consequently, there was no reason either for the assessee to raise this issue before the CIT(A) or the ld. first appellate authority to pass an order thereon. In view of the fact that the AO did not make any additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The earlier order passed by the bench on 17-10-2018 was subsequently recalled vide order dt.12-07-2023 in M.A.No.27/PUN/2021. 3. Ground No.6 raised by the Revenue reads as under : On the facts and in the circumstances of the case, the ld. CIT(A) erred in allowing the amounts paid to the various trusts amounting to Rs. 2,04,00,000/-, wherein the trustee of the assessee trust are also the tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Shikshan Prasarak Mandal. He, therefore, held the advancing of loans as a case of violation of section 13(1)(c) of the Act. The matter was assailed by the assessee before the ld. CIT(A), who allowed the ground of appeal by observing that similar issue was decided in favour of the assessee by the ld. CIT(A) in assessee s own case for the A.Y. 2003-04 holding that the advances to the charitable e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 13(1)(c) of the Act. Relevant discussion has been made by the AO in para 6 of his order referring to three advances made to the tune of Rs. 2.12 crore and odd. The ld. AR submitted that though the AO made a reference to invocation of section 13(1)(c) of the Act qua the advances given to the other trusts, but eventually did not make any addition on that score. It was further submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we are satisfied that the ground taken by the assessee before the ld. CIT(A) and consequently by the Revenue before the Tribunal did not require any adjudication. Consequently, the ground of the Revenue is dismissed as infructuous. The order passed u/s. 254(1) should be read in the light of the above observations. 7. In the result, the appeal is partly allowed. Order pronounced in the Open C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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