2024 (8) TMI 1022

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n of Assistant Director of Income Tax, CPC in disallowing the claim of exemption u/s 10(23C)(iiiab) of the Act amounting to Rs. 1,50,00,000/-. 2. BECAUSE the Id. CIT(A) failed to appreciate the fact that the appellant society was formed by the Government of Uttarakhand with the main object to impart technical education to carry on skill development activities in the state of Uttarakhand. It is a non-profit organization and is wholly funded by the Government of India/ Uttarakhand and is being run solely on government grants. Since it is engaged in imparting education/ skill/ training to the youth without any profit motive which falls within the definition of education u/s 2(15) of the Act, hence is eligible for exemption u/s 10(23C)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....b) cannot be drawn u/s 143(1)(a) of the Income tax Act technically. 8. BECAUSE Id. CIT(A) failed to appreciate the fact that the similar issue the appellant itself has already been upheld by the Id. CIT(A), NFAC in A.Y. 2018-19 vide their order dt. 1412-2022 in Appeal no. CIT(A), Dehradun/10028/2020-21. 9. BECAUSE the order passed by the Id. CIT(A) is based on presumptions, surmises and conjectures and without properly appreciating the facts. 10. BECAUSE the order appealed against is erroneous and contrary to the facts, law and principles of natural justice and liable to be quashed." 3. The assessee society was formed by the Government of Uttarakhand with the main object to impart technical education to carry o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Under Section 10(23C)(iiiab) of the Act was disallowed by Assistant. Director of Income Tax CPC, without assigning any reason, vide intimation under section 143(1) of the Act date d 09.11.2020. Against it, the assessee society filed an application under section 154 of the Act mentioning therein all the facts with a request to rectify the mistake which is apparent from record, the CPC, Bengaluru rejected the application of the society and issued a fresh order under section 154 of the Act dated 23.12.2020 by making addition of Rs. 1,50,00,000/- by treating the grant as voluntary contribution and raised a demand of Rs. 58,58,847/-. 5. Being aggrieved against the aforesaid addition/disallowance, the society is filing said appeal. Before the ....