TaxTMI 
TaxTMI 
TaxTMI 
2025 (2) TMI 1466
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....erconnected, they are being disposed of by this consolidated order for the sake of convenience and brevity. The assessee and Revenue have raised the following grounds of appeal: ITA No.- 3761/Del/2024 (By the Assessee - A.Y.- 2017-18) "1) The National Faceless Appeal Centre (NFAC) erred in law as well as on facts in upholding the addition made by the AO by considering receipts from conference facility and hiring of Auditorium of Rs 14,45,953/- to be income from business and Profession and not considering it to be incidental to the main objects of the society. 2) The learned Assessing Officer has erred both in facts and in law by levying interest under section 234B and 234D of the Act. 3) The learned Assessing O....
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....ith respect to printing (Rs. 16,51,791/-) and salary (Rs. 56,26,423/-) cannot be held as the expenses incurred as per the specific purpose mentioned in Form 10 i.e. to promote and support research scientist. 5E) The appellant craves leave to add, to alter or amend any grounds of appeal raise above at the time of hearing. ITA No.- 3760/Del/2024 (Assessee - A.Y.- 2018-19) "1) The National Faceless Appeal Centre (NFAC) erred in law as well as on facts in upholding the addition made by the AO by considering receipts from conference facility and hiring of Auditorium of Rs 19,35,253/- to be income from business and Profession and not considering it to be incidental to the main objects of the society. 2) The learned A....
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....2020-21, which deemed to be applied during the A.Y. 2019-20 as per explanation (2) to sub-section 1 of 11 in A.Y. 2020-21, which was mandatorily required to be utilized. 2. b) Under the fact and circumstances and law the Ld. CIT(A) has failed to appreciate that assessee has put same amount as accumulation in Form 9A & 10 and used the same description for purpose in Form 10 & reasons for shortfall in Form 9A. Thus, assessee has accumulated funds without reasons or specific purpose in mind. 3. c) Under the fact and circumstances and law the Ld. CIT(A) has failed to appreciate that, the assessee has claimed exemption u/s 11(2) in return of income, whereas as per audit report in Form 10B has claimed under clause (2) of explana....
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....mon, we deal with the assessee's appeal in ITA No. 3761/Del/2024 for AY 2017-18 first and the decision thereof would apply mutatis mutandis to all the appeals of the assessee. In this case, the return of Income declaring nil income was filed on 07.10.2017 electronically. The case was selected for complete scrutiny under CASS and accordingly notice u/s 143(2) of the Act was issued digitally on 14.08.2018. Subsequently notice u/s 142(1) of the Act was issued on 03.07.2019, 30.08.2019 and 18.10.2019. Further, show cause was also issued on 24.12.2019. The assessing officer passed assessment order on 30.12.2019 making additions as follows: Sl. No. Particulars Additions (i) Income u/s 11(4A) received from hiring conference facility....
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.... the main objective of the Society. 4. The ld. DR placed reliance on the orders passed by the lower authorities. 5. Vide the impugned order, the ld.CIT(A) observed that the assessee trust declared receipts from hiring of conference and auditorium facility of a sum of Rs. 14,45,953/- (AY 2017-18) [Rs. 19,35,253/- (AY 2018-19) and Rs. 22,25,520/- (AY 2020-21)] and also furnished the copy of guidelines for hiring the premises of the Society for conferences and, in this regard, the assessee contended that the conference hall was not given to any person and for every purpose. The ld.CIT(A) observed that this contention of the assessee is quite contradictory to the guidelines issued by the assessee because, as per the guidelines, in the rat....