2011 (8) TMI 1370

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....er. 2. The grounds of appeal raised by the assessee are as follows :- I. T. Appeal No. 2792 (Del) of 2011 [Assessment year : 2006-07] : " 1. That the CIT (Appeals) erred on facts and in law in upholding the action of the assessing officer in reassessing the income under section 147 / 143(1) of the Income Tax Act, 1961 ('the Act') at Rs.79,36,600/- as against returned income of Rs. NIL; 2. That the CIT (Appeals) erred on facts and in law in upholding the assumption of jurisdiction under section 147 / 148 of the Act; 2.1 That the CIT (Appeals) erred on facts and in law in not appreciating that the reasons recorded by assessing officer for re-opening the proceedings cannot be regarded as 'reasons' leading to....

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.... and in law in upholding the action of the assessing officer in reassessing the income under section 147 / 143(1) of the Income Tax Act, 1961 ('the Act') at Rs.1,71,89,697/- as against returned income of Rs. NIL; 2. That the CIT (Appeals) erred on facts and law in upholding the action of the assessing officer in denying the benefit of exemption under section 11 of the Act merely on the ground that the appellant could not produce its books of accounts during the assessment proceedings; 2.1 That the CIT (Appeals) erred on facts and in law in not appreciating that the books of accounts for the preceding assessment years could not be produced before the assessing officer as the same were impounded by the DGIT [E] under section....

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....ed that the assessee trust is registered under section 12-A of the Income Tax Act vide Registration No. DIT[E]/T-889 dated 2/01/1982. The application of the trust for notification under section 10(23)(6) was rejected by the ld. DGIT [Exemption] vide order No. DGIT[E]/10(23)c)/1322 dated 19/12/2008 on the ground that the society did not satisfy the conditions mentioned under section 10(23)(c) of the Act. During the course of proceedings under section 10(23)(vi) the books of accounts of the society were also sent to Forensic Science Laboratory, Haryana. The Forensic Science Laboratory vide report dated 17/12/2008 had reported that cash book, bank book and general register have not been written in regular course of time. It was also recorded t....