2017 (4) TMI 1629

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....For the Assessee : Smt. Pratibha, K, Advocate ORDER PER SHRI A.K.GARODIA, AM All the three appeals are filed by the revenue. Out of this, two appeals are directed against a combined order of ld. CIT(A), LTU, Bangalore dated 08-12-2015 for assessment years : 2008-09 & 2009-10. The appeal of the revenue for assessment year 2011-12 is directed against a separate order of the ld. CIT(A), LTU ....

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.... claim of the appellant ought to have given opportunity to the appellant for filing application u/s 11(2) of the Act, for accumulation of the surplus. 5. Without prejudice, the addition/disallowance made are excessive and there liable to be reduced substantially. 6. The ld. AO erred in levying the interest u/s 234Bof the Act. 7. For these and other grounds of appeal that....

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....ome out of which that expenditure is incurred, would not be liable to tax and it is immaterial that expenditure on religious or charitable purposes were incurred in earlier years. He submitted that in the present case, the ld. CIT(A) has not examined the nature of expenditure incurred in earlier years as to whether the same were for religious or charitable purposes and therefore, the matter in the....

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....and the income out of which the said expenditure incurred would not be liable to tax and this is not relevant as to whether the expenditure was incurred in the present year or in an earlier year. Hence, as per this Tribunal order, this is very important to find out as to whether the expenditure for which the assessee is asking for set off in the present year were incurred for the objects of the tr....