TaxTMI 
TaxTMI 
TaxTMI 
2023 (9) TMI 1510
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....d by the Income Tax Officer, Exemption-1, Mumbai (the learned Assessing Officer) and ITA No. 2186/Mum/2023, is filed by assessee for A.Y. 2010-11 against the appellate order passed by National Faceless Appeal centre, Delhi [the learned CIT (A)] dated 2nd May, 2023. 03. Assessee has raised following grounds of appeal:- "1. a) On the facts and circumstances of the case, CIT(A) erred in not deciding ground of appeal in respect of disallowance of expenses incurred of Rs. 1,18,91,652 for the objects of the trust and administrative expenses on the plea that the said ground is not arising out of the order passed by the assessing officer though the AO has clearly stated in the order that the expenditure is not allowable. b) The CIT(A) ought to....
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.... at large, therefore these objects are not covered within the ambit of charitable purpose' as defined under the provisions of section 2(15) of the Act. 2. Whether on the facts of the case and in law, the Ld. CITIA) was justified in directing the AO to allow the benefit of exemption u/s 11 of the IT Act without appreciating the fact that the Department has not accepted the order, ITA No. 6844/Mum/2013 dated 03/10/2018 of the Hon'ble ITAT on merits, directing to grant Registration u/s 12A of the Act, and has filed an appeal u/s. 260A of the IT Act to the Hon'ble High Court vide ITXA No.571/2020 and the same is pending for adjudication before the Hon'ble High Court. 3. "Whether, on the facts and in the circumstances of the ....
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....to be registered under Section 12AA of the Act, though in the return of income it claimed benefit of Section 11 and 12 of the Act. 08. Accordingly, on reopening of the case, the assessment was framed under Section 143(3) of the Act on 27/11/2017 assessing total income at Rs.3,22,74,579/-. In nutshell, the assessee was denied benefit of Section 11 and 12 of the Act. 09. Assessee preferred the appeal before the National Faceless e- Assessment Centre. The appellate order was passed on 2nd May, 2023. The learned CIT (A) though accepted that now because of the order of ITAT, assessee is eligible for benefit under Section 11 and 12 of the Act, as ITAT has directed the DIT to grant registration under Section 12AA of the Act. Accordingly, he held....
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....herefore, assessee is correctly denied the benefit of Section 12A of the Act. 12. We have carefully considered the rival contentions and perused the orders of the lower authorities. After the order of the ITAT in ITA No.6844/Mum/2013, dated 3rd January, 2018, the assessee has been granted registration under Section 12A of the Act. As soon as the assessee is registered under Section 12A of the Act, there is no reason that why assessee should not be allowed benefit of Section 11 and 12 of the Act. This benefit has been conferred by the learned CIT (A). We do not find any infirmity in the order of the learned CIT (A) and therefore, we hold that assessee is eligible for benefit under Section 11 and 12 of the Act as it is a registered trust und....
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.... and are in appeal before us, raising identical grounds as were raised in A.Y. 2010-11. 16. The assessee filed its return of income on 28th September, 2020, at Rs. nil. The return was accepted as it is. However, as the assessee was not found to be registered under Section 12AA of the Act, notice under Section 148 of the Act were issued on 8th March, 2018, which culminated into the assessment dated 30th November, 2017, determining the total income of the assessee of Rs.3,05,91,760/-, being interest income of the assessee as total income. 17. On appeal before the learned CIT (A), the assessee was allowed benefit of Section 11 and 12 of the Act, however, the learned CIT (A) did not direct the learned Assessing Officer to allow the applicatio....