2017 (10) TMI 375

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....DR ORDER This is an appeal filed by the assessee against the order of Commissioner of Income Tax (Appeals), Vijayawada, dated 28/09/2016 for the Assessment Year 2010-11. 2. Facts are in brief that the assessee is a trust granted registration under section 12A of the Act on 04/02/1998. The activity of the trust is to assist and serve the devotees visiting the Ranganadha Temple at Srirangam....

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.... the entire income is exempt being assessee having 12A registration. The ld. CIT(A) after considering the explanation of the assessee and also by considering all the details, he confirmed the order of the Assessing Officer by observing as under:- "6. I have perused the submission of the appellant. The income derived from property held under trust wholly for charitable or religious purposes is e....

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.... admitted that permission was not sought for accumulation of the surplus amount u/s. 11(2) of the Act. Consequently, Assessing Officer determined the taxable income at Rs. 71,840/- on the ground that 85% of the income was not utilized for charitable purposes during the relevant Assessment Year. 6.3 Appellant in its petition us 154 of the Act dated 30/04/2013 claimed that it did not seek permiss....

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....ated 30.04,2013 claimed that it had to be taxed as an AQP at normal slab rates of income tax. It claimed this as a mistake apparent from record. In my view, determination of status of appellant (either AOP or otherwise) requires a long-drawn process of reasoning on points on which there will be two opinions. It is not a mistake apparent on record. 6.6 Hon'ble Madras High Court in the case of An....