2025 (12) TMI 729

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DER PER RAJESH KUMAR, AM: This is an appeal preferred by the assessee against the order of the CIT(A), ADDL/JCIT(A)-1, Lucknow (hereinafter referred to as the "Ld. CIT(A)"] dated 08.10.2024 for the AY 2021-22. 2. At the outset, we note that the appeal of the assessee is barred by limitation by 244 days. At the time of hearing the counsel of the assessee explained the reasons for delay in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the taxable income at Rs. 96,43,153/-, after disallowing the entire application of funds to the tune of Rs. 96,48,618/-. The assessee has raised two issues before us one is that since the assessee is an educational institutions income is exempted u/s 10(23C)(iiiad) of the Act and is not required to get registered under the Act. It was also submitted that the assessee trust is required u/s 10(23)(....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ant assessment year. In our considered view even though the assessee has not claimed as such, but in the appellate proceedings there is no bar in taking any additional claim and the assessee is entitled to take this plea in the appellate proceedings and in the appellate proceedings the appellate authority can adjudicate the issue as has been held in the case of Goetze (India) Ltd. (supra). Therefo....