2009 (8) TMI 38

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....GMENT ADARSH KUMAR GOEL, J. (Oral) - The revenue has preferred this appeal under Section 260-A of the Income Tax Act, 1961 (for short, "the Act") against the order of Income Tax Appellate Tribunal, Chandigarh Bench dated 30.06.2008 passed in ITA No. 360/Chandi/2007 for the assessment year 2003-04, proposing to raise following substantial question of law:- "Whether on the facts and circumstan....

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....Officer rejected the claim holding that the assessee being an Institution was governed by Section 11 (1) (d) read with Section 12 (1) of the Act. It was held that exemption under Section 11 (1)(a) was applicable only to Trust. On appeal, the CIT(A) upheld the claim of the assessee, which order has been affirmed by the Tribunal. 4. The Tribunal observed:- "In this case the Assessing Officer h....

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....he ground that it was not a Trust but a society/institution." 5. It was further observed that the Assessing Officer was required to verify the claim that expenditure had been factually incurred. 6. We have heard learned counsel for the revenue. 7. Contention raised on behalf of the appellant is that the Assessing Officer was justified in declining exemption as there was distinction in a T....