9911796707
TMI Blog2012 (10) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... in the interest of justice, it appropriate to remand the matter to respondent No.3 to adjudicate the same after affording an opportunity to the petitioner to produce the books of account including balance sheets - in favour of assessee by way of remand. - CWP No.1391 of 2012 (O&M) - - - Dated:- 17-9-2012 - MR. AJAY KUMAR MITTAL AND MR. RAKESH KUMAR GARG JJ. Present: Mr. Pankaj Jain, Advocate for the petitioner. Ms. Savita Saxena, Advocate for the revenue. Ajay Kumar Mittal, J. CM No.8554 of 2012 1. Rejoinder to the written statement is taken on record. Civil Miscellaneous application stands disposed of. CWP No.1391 of 2012 2. The petitioner claims that it is a charitable institution and is entitled for b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inally on 13.9.2011, Annexure P.8 order for rejection of the application for exemption was passed. Aggrieved by the order, the petitioner vide application dated 29.10.2011, Annexure P.9 prayed for review of the order. The said application was also rejected vide order dated 3.11.2011, Annexure P.10. Hence the present petition. 4. Learned counsel for the petitioner submitted that the Chief Commissioner of Income Tax, respondent No.3 had declined grant of exemption as is discernible from perusal of order dated 13.9.2011, Annexure P.8 that the assessee was required to explain regarding the utilization of surplus funds for the assessment years 2006-07 to 2010-11 and whether it was applying its profits wholly and exclusively for the objects for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re Hon'ble CIT II who has forwarded the report in question. 5. On the aforesaid premises, it was submitted that the accounts and the balance sheets for the earlier years and the year under consideration were produced before the Assessing officer. The report which was furnished by the Assessing Officer stating that no such material had been produced was wrong. On the other hand, learned counsel for the revenue supported the order passed by the department. 6. Learned counsel for the assessee submitted that even if what has been recorded by respondent No.3 in the order, the petitioner is now prepared to produce the relevant record once again before him for deciding the application for exemption afresh in case an opportunity is provided to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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