2014 (7) TMI 626

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....R. K. Ram, D. R. For the Respondent : Shri Swaran Singh, F.C.A. ORDER Per A. K. Garodia, A. M. This is Revenue's appeal directed against the order passed by learned CIT (A)-II, Kanpur dated 25/11/2013 for assessment year 2010- 2011. 2. The grounds raised by the Revenue are as under: "1. Learned Commissioner of Income Tax (Appeal)-II, Kanpur has erred in law and on facts in direct....

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....ed and the order dated 31.12.2012 passed under section 143(3) of Income Tax Act, 1961 by the Assessing Officer be restored. 4. That the appellant craves leave to modify any of the grounds of appeal mentioned above and/or to add any fresh grounds as and when it is required to do so." 3. Learned D.R. of the Revenue supported the assessment order. He also placed reliance on the judgment of Hon&....

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....Academy vs Income Tax Officer [I.T.A. No.16/Lkw/2012] (ix) ACIT-1, Kanpur vs. Seth Anandram Jaipuria Education Society [I.T.A. No.423/Lkw/2009] (x) The Director of Income Tax, New Delhi vs. All India Management Association, New Delhi, Income Tax Reference No. 36 of 1994 (xi) CIT vs. Bheruka Public Welfare Trust [1999] 240 ITR 513 (xii) Dy.Director of Income Tax (Exemption) vs. M/s G.K.....

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....s to double deduction. In our considered opinion, the stand of the Revenue is not correct because allowing exemption u/s 11 is not equal to allowing deduction. Allowing exemption means that the income is not liable to tax but the income remains the same and it does not get reduced, although such income is not taxable because of the operation of section 11(1) of the Act. Since in the present case, ....