2019 (9) TMI 1644

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....hadra CIT-DR Respondent by Shri V. K. Tusian, CA ORDER PER SUCHITRA KAMBLE, JUDICIAL MEMBER This appeal is filed by the Revenue against the order of the Ld. CIT(A)- 40(Exemption), New Delhi, dated 27/08/2015 for Assessment Year 2011-12. 2. Grounds of appeal are as under:- 1. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the....

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..... That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in directing the AO to allow benefit of carry forward of deficit loss of Rs. 25,66,47,941/- in view of the decision of Delhi Tribunal in the case of Pushpawati Singhania Research Institute for Liver, Renal & Digestive Disease vs DDIT(E) (2009) 29 SOT 316 (Del.). 3. The assessee is registered under the Societi....

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....Order, the assessee filed appeal before the CIT(A). The CIT(A) allowed the appeal of the assessee. 5. The Ld. DR submitted that the CIT(A) ignored the fact that in the absence of written direction from the donor, the donation will not be treated as corpus donation and consequently, from part of the income of the organization. The CIT(A) ignored the fact that assessee being a separate entity can....

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....ve heard both the parties and perused all the relevant material available on record. The CIT(A) held as under : "4.5 The AO has added the sum of Rs. 19 crore in the income of the Appellant on the premises that the transfer from the corpus Fund to General Reserve tantamount income of the assessee and the same was not offered for taxation. I have gone through and found no substance on the a....