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TMI Blog2012 (5) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... (a(ia) disregarding the fact that the appellant's income is computed u/s 11 of the Act to which provisions of S.40(a)(ia) do not apply. 2. On the facts and in the circumstances of the case and in law, the learned CIT(A) has sustained the addition made by the Assessing Officer that the appellant has not received OT income of Rs. 20,192/-." 2. At the outset, learned AR on behalf of the assessee did not press for ground No.2 and accordingly, ground No.2 is dismissed, being not pressed. 3. The relevant facts for adjudication of ground No.1 are that the assessee is a charitable institution engaged in carrying out religious and charitable activities within the ambit of section 2(15) of the Income Tax Act. These charitable activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case and addition on account of non-deduction of TDS is justified. 5. Learned AR appearing on behalf of the assessee submitted before us that the assessee is a trust which is registered under Section 12A and his income has to be computed as per Section 11. The provisions of Section 40 will not be applicable as the same pertains to computation under the head "business or profession". In support of his contention, he relied upon the order passed by the ITAT Amritsar Bench in the case of Baba Farid Vdyak Society, Bhatinda v. ACIT, vide order dated 31st January 2011 in ITA No.180(ASR)/2010. 6. Contrary to this, learned Senior DR submitted that provisions of TDS are applicable to all the assessees amount deducted and any non-deduction of TDS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed has been laid down in Section 11(1) to Section 11(5). Section 13 provides exception to Section 11 wherein such an income can be excluded from the exempt income of the trust. Thus, Section 11 to 13 provides for application of income by a trust for charitable purposes and to that extent, subject to certain conditions, income of the trust is treated to be exempted from taxation. The incomes which are computed under the various heads of income, the mode of computation has been provided under respective sections. 7.2 Here we are concerned with Section 40, which is part of computation of profit and gains from business or profession. The profits and gains from business or profession are computed under Section 28 and section 29 states that "the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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