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2018 (3) TMI 467 - AT - Income TaxDenial of exemption u/s 11 - Held that - As regards the claim of exemption u/s 11, AR has fairly conceded that the issue is covered against the assessee by the judgment in assessee s own case for A.Ys. 2009-2010 and 2010-2011 2014 (12) TMI 1314 - KERALA HIGH COURT . Hence, the grounds relating to the claim of exemption u/s 11 are rejected. Further, we notice that assessee cannot be termed as a local authority, as enumerated in section 10(20) of the I.T.Act, hence benefit under the said section cannot be granted to the assessee. As regards the computation of income, we find that assessee had not raised any grounds on said issue before the CIT(A). Therefore, the issues raised as regards the computation of income does not arise out of the order of the CIT(A). The issues that does not arise out of the order of CIT(A) cannot be subject matter of adjudication by the Tribunal unless it is a pure question of law or issues, which does not require examination of fresh facts. In the instant case, the issue raised for the first time with reference to computation of income is not a legal issue, but a pure factual issue, which were never agitated before the A.O. nor the CIT(A). Therefore, the issue of computation of income cannot be raised for the first time before the Tribunal. Hence, the grounds relating to the computation of income made by the assessee for A.Ys 2011-2012 and 2012-2013 are rejected. - Decided against assessee.
Issues involved:
1. Denial of exemption under section 11 of the Income-tax Act. 2. Classification of the assessee as a local authority for claiming exemption under section 10(20) of the Income-tax Act. 3. Discrepancies in the computation of income by the Assessing Officer. Analysis: Issue 1: Denial of exemption under section 11 of the Income-tax Act: The appellant, a Trust registered under section 12A of the Income-tax Act, claimed exemption under section 11 for the assessment years 2011-2012 and 2012-2013. However, the Assessing Officer invoked the proviso to section 2(15) and denied the exemption, stating that the appellant's activities were not considered charitable. The CIT(A) upheld this decision based on previous judgments, leading to the appellant's appeal before the Tribunal. Despite the appellant's arguments regarding the broad object explained in the Town Planning Act and the nature of its activities, the Tribunal rejected the grounds related to the claim of exemption under section 11, as it was covered against the appellant by the judgment of the Hon'ble Kerala High Court in previous cases. Issue 2: Classification of the assessee as a local authority for claiming exemption under section 10(20) of the Income-tax Act: The CIT(A) also denied the appellant the benefit of section 10(20) by stating that the appellant could not be considered a local authority. The appellant presented detailed arguments highlighting the provisions of the Town Planning Act and the scope of its activities, emphasizing the developmental nature of its work akin to government activities. However, the Tribunal upheld the CIT(A)'s decision, concluding that the appellant did not qualify as a local authority under section 10(20) of the Income-tax Act. Issue 3: Discrepancies in the computation of income by the Assessing Officer: The appellant raised concerns regarding the computation of income by the Assessing Officer, stating that it did not align with the receipts and expenditure statement maintained by the appellant. However, the Tribunal noted that the appellant had not raised this issue before the CIT(A), making it a factual issue that was not subject to adjudication by the Tribunal. As the issue of computation of income was not raised at earlier stages and did not present a pure legal question, the Tribunal rejected the grounds related to this issue for the assessment years 2011-2012 and 2012-2013. In conclusion, the Tribunal dismissed the appeals filed by the appellant, affirming the denial of exemption under section 11 and the classification as a local authority under section 10(20) of the Income-tax Act. The Tribunal also rejected the grounds related to the computation of income due to the issue not being raised at earlier stages.
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