TaxTMI 
TaxTMI 
2015 (8) TMI 880
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....14/03/2013 for assessment year 2008-09, dated 15/02/2013 for assessment year 2009-10 and dated 15/02/2013 for assessment year 2005-06. A consolidated order has been passed by the Hon'ble Tribunal, disposing off the appeals. During the passing of order in the above appeals, the following mistake has crept in the order of the Hon'ble ITAT. Particulars of Mistake Sought to be Rectified: Omission to adjudicate upon an argument of the assessee, as advanced during the course of hearing of the appeal and adjudication of appeals based on incorrect appreciation of facts. The facts of the present case are as under: 1. That the assessee is an entity duly registered under Section 12AA/12A and also runs a Hospital at Jaunpur, Uttar Pradesh. A liaison office is maintained by the Trust at Mumbai. 2. The Return of Income of the Trust is filed at Lucknow. 3. The assessee is in receipt of income from the following sources : a. Receipts from Hospital and Clinics b. Dividend income, arising from Shares, held under Corpus, donated in the year 1980. c. Bank Interest income: on the surplus remaining after years of activity. 4. The assessee has not received any money in the form of DONATION. 5....
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....emonstrated during the course of hearing of the appeals. Hence the money received from Bank Interest and Dividend has been applied for charitable purposes, entitling the same for computation under Section 11. 12. The assessee's receipt of interest income, in any circumstance is liable for computation under Section 11, as the assessee is a registered entity under Section 12A/12AA. This aspect of the matter apparently got inadvertently omitted from the kind consideration of the Hon'ble Bench. 13. The assessee has always insisted upon being correctly assessed of its tax liabilities, including the various benefits, the same is entitled for as was the obligation of the Ld. Assessing Officer. 14. It is settled position of law, that there cannot be any "Estopple against Law" and hence the present rectification proceedings. Pleadings A) In the aforesaid facts and in the circumstances of the case, described supra, it is humbly prayed that the argument of the assessee, that the quantum of money applied by the assessee for the attainment of its philanthropic objects, for the purposes of Section 12A/12AA, be computed in the manner prescribed under Section 11, has inadvertently escaped the....
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..... 5. We have considered the rival submissions. We find that the only alleged mistake as per the assessee in the impugned Tribunal order is that it was submitted by Learned A. R. of the assessee in course of hearing of the appeals that the interest income of the assessee should be considered for the purpose of computation u/s 11 of the Act because the assessee is duly registered u/s 12A/12AA of the Act but this aspect of the matter has inadvertently escaped the attention of the Tribunal. In this regard, we feel it proper to reproduce Para 4 of the Tribunal order as under: "4. We have considered the rival submissions. We find that in Para 4 of the assessment order, it is noted by the Assessing Officer that although the assessee trust is registered u/s 12AA with effect from 03/02/82 but in the year under consideration, the assessee claimed exemption u/s 10(23C)(iiiae) and not u/s 11 as it was clarified in writing by the assessee. On this basis, the Assessing Officer held that claim of exemption u/s 11 cannot be considered. He also noted that the trust is engaged in other activities also apart from running a hospital in Jaunpur. Thereafter, he has noted that section 10(23C)(iiiae) is....
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....valescence or of persons requiring medical attention or rehabilitation, existing solely for philanthropic purposes and not for purposes of profit, if the aggregate annual receipts of such hospital or institution does not exceed the amount of annual receipts as may be prescribed is eligible for exemption. In our considered opinion, the income earned by Mumbai office on account of bank interest and dividend etc. is not eligible for exemption under clause (iiiae) of section 10(23C) of the Act." 5.1 We find that it is noted by the Tribunal that in Para 4 of the assessment order that it is noted by the Assessing Officer that although the assessee trust is registered u/s 12AA with effect from 03/02/82 but in the year under consideration, the assessee claimed exemption u/s 10(23C)(iiiae) and not u/s 11 as it was clarified in writing by the assessee. On this basis, the Assessing Officer held that claim of exemption u/s 11 cannot be considered. Even after this, no such ground has been raised by the assessee before CIT(A) also that the assessee's case should be considered u/s 11 of the Act. We find that ground No. 1 raised before CIT(A) is general ground. Ground No. 2 is regarding service o....