2014 (1) TMI 485

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appeals before us. After hearing the learned DR, we condone the said delay and admit the appeals for adjudication. 3. On perusal of record, we find that these appeals have been adjourned on number of occasions due to the repeated requests of the respondent-assessee for adjournments due to some or the other reason. Even on the last occasion when the appeals were fixed for hearing, there was no compliance from the respondent-assessee. Therefore, we proceed to decide the appeals after hearing the learned DR and on merits. ITA NO. 1128/Hyd/2009 - for AY 2003-04 4. The sole grievance of the department is against allowing of assessee's claim of exemption u/s 11 of the Act by the CIT(A). 5. Briefly the facts are, the assessee is a society reg....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d that, due to some difference of opinion among officer bearers and the advance age and ill health of the President, the assessee could not mobilize necessary funds. Hence, it was decided to hand over the land to Divine Charitable Trust by way of gift vide document dated 10/06/2004. It was further submitted, though the land could not be registered in the name of the society, but it belonged to the society and the assessee society was in possession over the property. It was submitted by the assessee that the President did not derive any benefit in violation of the provisions u/s 13(1)(c) of the Act. 7. Explaining the circumstances in which land was purchased in the name of the President, the assessee contended that as the society did not ha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....finding of the AO in the assessment order is that apart from showing the land as an asset in the balance sheet there is nothing on record to prove that the legal title over the land has been transferred to the assessee. The CIT(A), however, on considering the deed dt. 10/06/2004 evidencing the donation of land by the assessee to M/s Divine Charitable Trust and the gift deed executed by the President came to the conclusion that the assessee after paying the sums to its President has become owner of the property. Facts are not clear whether the aforesaid evidences were produced before the AO during the assessment proceeding for his consideration. We are also handicapped in recording any finding on the true import of those documents as these d....