2020 (9) TMI 283

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.... with the order of Assessing Officer in denying exemption u/s. 10(23) (iiiad) of Income Tax Act, 1961 and making addition of Rs. 47,21,983/- (Revised to Rs. 37,22,983/- u/s. 154) by treating the same as surplus taxable income above Rs. 1 crore by treating the appellant society as AOP having no registration u/s. 12A and referring to Section 2(24) (iia) and thus the order is illegal, arbitrary and bad in law. 3. That the Ld. CIT (A) is not justified in concurring with the order of Assessing Officer in denying exemption u/s. 10(23) (iiiad) of Income Tax Act, 1961 and making addition of Rs. 1,12,715/- as income from other sources though receipt of institution is below rupees one crore and thus the order is illegal, arbitrary and bad in....

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....ould not controvert the aforesaid contention of the Ld. Counsel for the Assessee. 6. After considering the submissions of both the parties and the material available on the record we are of the view that the additional ground raised by the assessee is purely a legal ground and it goes to the root of the matter. 6.1. On a similar issue the Hon'ble Supreme Court in the case of NTPC Vs. CIT (Supra) held as under: "Undoubtedly, the Tribunal has the discretion to allow or not to allow a new ground to be raised. But where the Tribunal is only required to consider the question of law arising from facts which are on record in the assessment proceedings, there is no reason why such a question should not be allowed to be raised whe....

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....ities. Another addition of Rs. 14,42,255/- was made by treating the donations as revenue receipt instead of capital receipts claimed by the assessee. Accordingly the income was assessed at Rs. 62,76,953/-. 8. Being aggrieved the assessee carried the matter to the Ld. CIT(A) who sustained the additions made by the A.O. by observing that the assessee did not possess registration under section 12AA of the Act. He also observed that no evidence was given that the donors had given subsequent direction that the donation shall form part of the corpus of the trust. 9. Now the assessee is in appeal. 10. Ld. Counsel for the assessee at the very outset stated that when the assessment was framed by the A.O. and the appeal was decided by the Ld....