2019 (3) TMI 1348

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....e Tax Act 1961(In short the 'Act') dated 28.03.2013 framed by ACIT-2(1), Bhopal. 2. Briefly stated facts as culled out from the records are that the assessee is a registered society engaged in running a college at Sehore namely Swami Vivekanand College of Professional Studies. Return of income for Assessment Year 2007-08 filed declaring NIL income after claiming exemption u/s 10(23C)(iiiad) of the Act. The case was selected for scrutiny and notice u/s 143(2) of the Act was issued on 20.02.2013. A notice u/s 142(1) of the Act with a detailed questionnaire was also served upon the assessee on 25.02.2013. Ld. Assessing Officer (In short Ld. A.O) after considering the submissions of the assessee adopted a view that the assessee is not eligib....

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....hopal is not justified in holding that the appellant had multifarious objects when the appellant's activities, were confined to education purposes only. 4. On the facts and in the circumstances of the case, the learned Commissioner 0 Income Tax (Appeals-I), Bhopal is not justified in holding that the appellant society did not satisfy the condition that the appellant should have existed for education purposes only and not for profits. 5. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals-I), Bhopal is not justified in not quashing the finding of charging interests u/s 234A and 234B of the Income Tax Act, 1961. 6. On the facts and in the circumstances of the case, ....

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....es; (i) Challenging the re-opening of the assessment as well as framing order u/s 143(3) r.w.s. 147 of the Act:- This ground has not been pressed by the Ld. Counsel for the assessee and the same is dismissed as not pressed. (ii) Second issue raised in Ground No. 2to 6 challenges the findings of Ld. CIT(A) of not providing the benefit of exemption u/s 10(23C)(iiiad) of the Act. Along with this issue the assessee has also raised the third alternative issue by taking an additional ground submitting that the appellant society has been granted registration u/s 12AA of the Act subsequently w.e.f. 1.4.2013 and the income of the appellant society would be exempt u/s 11 & 12 for the preceding years also including the year under app....