TaxTMI 
TaxTMI 
2022 (9) TMI 1558
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....peals) Ajmer against the order dated 16/08/2016 passed 143(3) IT. Act ITO (Exemption). Ajmer against the addition of Rs 2580033/- and charging tax thereon without appreciating the full facts and circumstances of the case. The Difference of addition made on different account was quite unreasonable and unjustified. 2. That the Ld CIT (appeals) has erred in conforming the order of the learned ITO (Exemption) Ajmer in respect of different accounts (Mention Below) was quite unreasonable and unjustified. 3. That the addition an account of development fees for Rs. 881362.50 was wrong as it is a corpus fund for building construction cannot become part of Income as it is capital assets and will be used in development of Building Constructions.....
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....irad) as our society is running educational institution only and not for purposes of profit and annual receipt is below one crore. A separate books of Accounts is being Kept. Merely a society is doing two different charitable activity the benefit of exemption cannot be denied. 9. Form 10 is already submitted but misplaced by department in file transfer the additional Commissioner has given a direction to give the benefit after considering the Resolution, but AO was failed to do so. 10. That the order is bad in law. 11.The Appellant has not taken the following grounds of appeal at CIT (Appeal). Ajmer request your honor to please consider the following grounds with above mention grounds of appeal as it will have material affect. (....
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....is also noted that the assessee is a Registered as a Society under the Registration of Societies Act, 1958 and assessee is also registered u/s 12A(a) of the Act vide letter No. SIB/Sec12A(a)/CIT.Raj-1/2809 dated 22-01-1976 which is engaged in imparting education to the students alongwith other activities. It is further noted that the assesses society is in appeal against the order of the ld. CIT(A) who had confirmed the action of the AO as mentioned in the assessment order. 3.1 Apropos Ground No. 1 of the assessee, the facts as emerges from the order of the ld. CIT(A) are as under:- ''4.3 I have gone through the assessment order, statement of facts, ground of appeal, written submission, remand report and rejoinder carefully. It is seen t....
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....one through the assessment order, statement of facts, ground of appeal, written submission, remand report and rejoinder carefully. It is seen that the appellant has taken the 50% of development fee i.e. Rs.8,81,362/- directly to the Balance Sheet on the ground that this was donation for the specific object. i.e. corpus donation. The assessee has not produced any evidence to show that 50% of development was the donation received with the specific direction for corpus fund. Therefore, the addition of Rs.8,81,362/- is hereby confirmed.'' 4.2 After hearing the ld. DR and perusing the materials available on record, the Bench noted that the assessee trust has not advanced any arguments/submission controverting the order of the ld. CIT(A). In thi....
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....8,340/- was claimed to have been received by the appellant. Therefore, the addition of Rs.1,08,340/- made by the AO is hereby confirmed.'' 6.2 After hearing the ld. DR and perusing the materials available on record, the Bench noted that the assessee trust has not advanced any arguments/submission controverting the order of the ld. CIT(A). In this situation, the Bench has no other alternative except to the confirm the action of the ld. CIT(A). Thus Ground No. 5 of the assessee is dismissed. 7.1 Apropos Ground No. 6 of the assessee, the facts as emerges from the order of the ld. CIT(A) are as under:- ''8.3 I have gone through the assessment order, statement of facts, ground of appeal, written submission, remand report and rejoinder carefu....