2017 (4) TMI 1386

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....r, AR ORDER Per M. BALAGANESH, AM This is appeal filed by the Revenue against the order of the Commissioner of Income Tax (Appeals)-III, (hereinafter referred to as the "ld.. CIT(A))", Kolkata, dt. 29.05.2014, passed under section 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") relating to Assessment Year 2010-11. 2. The only issue to be decided in this appeal....

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....Act against the tribunal order before the Hon'ble Calcutta High Court. Hence in order to safeguard the interest of the revenue in the situation if High Court gives judgement in revenue's favour, the registration u/s 12A is still considered to be cancelled and assessee is assessed in the status of Association of Persons (AOP) and benefit of exemption u/s 11 is denied. Accordingly the ld. AO dete....

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....ble Bombay High Court in the case of Sinhagad Technical Education Society vs. CIT(Central), (2012) 19 taxmann.com 136 (Bombay). 2. Whether, Ld. C.I.T.(A) was justified in dismissing the assessee's appeal by directing to allow exemption u/ s 11 of the IT Act to the assessee Trust, without considering the amendment in sec. 12AA of the IT Act by the Finance Act of 2010, for cancellation ....