2019 (7) TMI 2061

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.... by this consolidated order. 2. The assessee has more or less raised common grounds of appeal for both assessment years. For the sake of brevity, the grounds of appeal filed for AY 2013-14 are reproduced as under: 1. On the facts and under the circumstances of the case and in law, the Commissioner of Income-tax (Appeals) ['CIT(A)'] erred in passing the order dated March, 28, 2018 pending disposal of appeal filed with Hon'ble Income-Tax Appellate Tribunal relating to cancellation of Trust registration u/s 12AA(3) of the Income-Tax Act ['the Act'] violating the principles of natural justice The Appellant prays that the order of the Learned CIT (A) be declared bad in law and void ab initio. 2. On the facts....

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....ure has been assessed under the head income from business or profession. 4. Aggrieved by the assessment order, the assessee preferred appeal before the Ld. CIT(A). Before the Ld. CIT(A), the assessee sought adjournments on various occasions for the reason that it has challenged order of the CIT-Central withdrawing registration u/s 12A of the I.T. Act, 1961 before the ITAT and the appeal filed by the assessee is pending for disposal. The Ld. CIT (A) disposed-off appeal filed by the assessee for both AY's on the ground that, the approval granted u/s 12A of the I.T. Act, 1961 stands withdrawn for these AY's and hence, there is no reason to interfere in the findings of the AO in rejection of exemption claimed u/s 11 of the I.T. Act, 1961. Th....

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....ome from business towards excess of income over expenditure cannot survive because, the assessee is continue to enjoy the benefit of registration with effect from the date of approval. The Ld. AR further submitted that if you go through assessment order passed by the AO, it is very clear that the AO never pointed out any violations referred to in section 11 or 13, but exemption has been denied solely on the basis of order of the CIT Central, therefore once order of the CIT, Central has been set aside by the ITAT, there is no reason for the AO to deny benefit of exemption claimed u/s 11 A of the I.T. Act, 1961 6. The Ld. DR, on the other hand submitted that no doubt, the ITAT has restored cancellation of registration from the date of appr....