2014 (8) TMI 944

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....IT For the Respondent : Mr. M. Karunakaran, Advocate ORDER Challa Nagendra Prasad (Judicial Member).- This appeal is filed by the Revenue against the order of the Commissioner of Income-tax (Appeals)-VII, Chennai dated January 29, 2014 for the assessment year 2009-10. The only grievance of the Revenue in its appeal is that the Commissioner of Income-tax (Appeals) erred in holding that ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lution to grant preferential benefits to society members instead of the public at large. The Assessing Officer was also of the view that most of the benefits like medical aid, marriage aid, old age pension, let out property, etc. are enjoyed by the society members. Therefore, the Assessing Officer concluded that benefit had ensured to the interested persons as defined under section 13(3), the tran....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....risdictional High Court held that the Assessing Officer was correct in invoking the provisions of section 13(1)(c) of the Act and denied exemption to the assessee under section 11 of the Act as the assessee granted benefits to the interested persons as defined under section 13(3) of the Act. 4. Counsel for the assessee, reiterating the submissions made before the lower authorities, submits that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... there is no violation under section 13(2)(b) of the Act as they are paying adequate rent. Counsel for the assessee supports the order of the Commissioner of Income-tax (Appeals) in allowing exemption under section 11 of the Act. 5. Heard both sides. Perused orders of the lower authorities. The Assessing Officer in the course of assessment proceedings noticed that the assessee- society has give....