2021 (9) TMI 1035

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....the case and under the law, the Id. CIT(A) had erred in not appreciating that once the registration u/s 12AA stood restored to the assessee, it cannot be denied exemption u/s 11/12 of the I.T. Act 1961, even though such exemption was claimed through a belatedly filed revised return. 2.That on the facts of the case and under the law, the CIT(A) had erred in not appreciating the assessee's submissions that the decision of Hon'ble Supreme Court in the case of Goetz (India) Ltd. is confined to the powers of the Assessing Officer and does not affect the powers of the CIT(Appeal). 3. That the Id. CIT(A) had erred in holding that in the light of the ratio of the decision of the Hon'ble Supreme Court in the case of Goe....

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.... u/s 11/12 of the I.T. Act 1961, even though such exemption was claimed through a belatedly filed revised return. 2. That on the facts of the case and under the law, the CIT(A) had erred in not appreciating the assessee's submissions that the decision of Hon'ble Supreme Court in the case of Goetz (India) Ltd. is confined to the powers of the Assessing Officer and does not affect the powers of the CIT(Appeal). 3. That the Id. CIT(A) had erred in holding that in the light of the ratio of the decision of the Hon'ble Supreme Court in the case of Goetz (India) Ltd., no such claim (exemption u/s 11/12 of the I.T. Act 1961) can be entertained at this (first appellate) stage. 4. That on the facts of the case a....

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....for General Public Utility. The assessee filed its return of Income for the Assessment Year 2012-13 electronically on 30.09.2012 vide E-filing Acknowledgment No. 506943631300912 , declaring the total income of Rs. 3,13,89,620.00. The assessment for the above stated Assessment Year was completed under Section 143(3) of the Income Tax Act,1961 vide Order dated 20.03.2015 at a total income of Rs. 3,19,54,483.00 as detailed below - Returned Income   Rs. 31389620 Add (as discussed above) Disallowance u/s 40(a)(a) Rs. 564863 Assessed Income   Rs. 3,19,54,483/- During the course of Assessment Proceedings, the assessee has revised its Return ' to claim benefit/exemption under Section 11 of the Income Tax ....