2019 (7) TMI 692

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....1)(c) when the matter related to the quantum addition is sub-judice before the Hon'ble High Court on the appeal of the Revenue because no legal remedy would be available in the interest of Revenue if the Hon'ble High Court decision comes in favour of the Revenue. 2. The appellant craves leave to add, to alter or amend any ground or appeal raised above at the time of hearing. 2. The brief facts of the case are that assessee filed its return of income on 09.06.2010 declaring NIL income after claiming the benefit of exemption u/s. 11 & 12 of the Income Tax Act, 1961 (in short "Act"). The case was assessed u/s. 143(3) of the I.T. Act at an income of Rs. 1,09,99,469/-. The A.O. noted that assessee has shown receipt and training gr....

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.... in totality, in my opinion ground no. 1 to ground no. 2.8 of the appeal deserve to be dismissed". For penalty, assessee filed reply that the inference drawn is untenable as in the immediate preceding years i.e. AY 1983-84 to 2008-09. the department itself held in their assessment orders u/s. 143(3) years that the assessee society is a 'charitable society' and accordingly granted exemption u/s. 11 to the entire income of the assessee society. That the activities are very much in consonance with aims and objectives contained in the Memorandum of Association of the assessee society. That making a claim which is rejected would not make the assessee society liable under section 271(1)(c) of the Act. The A.O after discussing conditions f....

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....alty order, submissions of the assessee, CIT(A) order and ITAT order on quantum addition. The Hon'ble ITAT has in its order inter-alia mentioned that this appeal filed by the assessee is directed against the order dated 28.02.2013 of the CIT(A)-XXI for the A.Y. 2009-10. The Hon'ble Court in the aforesaid judgement (Queen's Society 372 ITR 699) affirmed the judgment of the Punjab & Haryana High Court in the case of Pinegrove International Charitable Trust v. UOI 327 ITR 73 wherein it was held that merely because profits have resulted from the activities of imparting education, it would not result in change of character of the education that it was solely for educational purpose. Thus, respectfully following the aforesaid judgment....