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TMI Blog2013 (4) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... ted registration u/s.12A. But the CIT(A) in his turn had considered the total receipts which were not part of the business income directing the AO to allow the expenses carried out by the assessee from such receipts which we are inclined to uphold. The assessee respondent's objection to tax NIL income thereafter is unjustified insofar as he had filed the NIL return in the first place holding a view that the receipts should not be taxed alone. The CIT(A) therefore, rightly directed the AO to tax the excess of income over expenditure amounting which we are inclined to uphold. The assessee respondent has supported the order of the CIT(A) in this respect therefore requires no further adjudication. Appeal of the Revenue dismissed. - I.T.A.N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 'Jagannath Chetana Sangha' under the societies Registration Act 1860 on dt. 25.02.1999 and had furnished its return of income for the Asst. Year 20007-08 on dt.17.3.2009 u/s. 139(4) of the Income Tax Act 1961. The assessee had filed its return of income showing net income of Rs.. NIL. The assessee was filed the income Tax return along with Receipt and payment Account, income and expenditure Account and balance sheet of the society which is also supported with Audit Report in Form 10B and the books of Accounts have been audited by a chartered Accountant Firm for the Accounting Year 2006-07. A sum of Rs. 15,11,612 has been received during Financial Year 2006-07 as a donation from the different Devotees. The total sum of Rs. 16,52,024 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granting registration u/s.12A was adjudicated upon by the assessee appellant before the learned CIT(A). He prayed that the total receipts be brought to tax by setting aside the order of the learned CIT(A) as was considered by the Assessing Officer under the provisions of Section 144. 4. The learned Counsel for the assessee submitted that it was nobody's case that the assessee was not conducting charitable activities. The Assessing Officer therefore proceeded to tax the entire receipts which were donations and not in the nature of business receipts was dealt with by the learned CIT(A) in accordance with the provisions of the I.T.Act insofar as the Assessing Officer has accepted the assessee's status as an AOP. On perusal, the learned CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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