2013 (5) TMI 1055 - AT - Income Tax

Summary

Issues involved:
The judgment involves issues related to the grant of exemption under section 11 of the Income-tax Act, 1961.

ITA Nos.565 & 566/LKW/2011: A.Ys 2004-05 & 2005-06:
The Revenue appealed against the order of the ld. CIT(A) regarding the validity of the return of income filed beyond the specified period under section 148, restriction of action to deductions u/s 10(23C)(vi), and the claim for exemption u/s 11 of the Act. The Tribunal found that the return was filed late but held that it cannot be considered non-est in law. The ld. CIT(A) granted exemption under section 11 without verifying if there was any violation of section 13. The Tribunal set aside the order and directed the Assessing Officer to re-examine the exemption claim in light of relevant provisions after affording proper opportunity to the assessee.

ITA No. 568/LKW/2011: A.Y. 2008-09:
The Revenue challenged the ld. CIT(A)'s decision on the exemption claim under section 11. The Tribunal noted that the original return did not include the exemption claim, which was later made in a revised return. The ld. CIT(A) granted exemption without examining if there was any violation of section 13. The Tribunal held that the ld. CIT(A) should have either examined the claim as per law or sought a remand report. As such, the Tribunal set aside the order and directed the Assessing Officer to re-examine the exemption claim in light of section 13 after providing an opportunity to the assessee.