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TMI Blog2013 (9) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeals have been filed by the Department under Section 260A of the Income-Tax Act, 1961, against the common judgment and order dated 27.06.2008, passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. Nos.290 and 291/Luc/2008, for the assessment years 2003-04 and 2004-05. On 10.12.2008, a Coordinate Bench of this Court has admitted the appeals on the following substantial questions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustainable." The brief facts of the case are that the assessee is a registered society under the Society Registration Act w.e.f. 01.04.1996. The benefit under Section 12-A of the Income Tax Act was extended to the assessee. However, during the assessment years under consideration, the A.O. noticed that the assessee has constructed a building, where the cost of the building was shown on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifference of the amount was treated as unexplained investment. The appellate authorities have wrongly deleted the additions by observing that the provision of Section 40-A (3) do not apply as the assessee society is exempted under Section 11 of the Income Tax Act. He submits that the A.O. has denied the said benefit and made the additions on merit. Lastly, he made a request to restore the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... never pointed out any defects. The assessee submitted the books of account, vouchers, bills of building accounts which were duly examined by the A.O. with due application of mind and the same were never rejected. The reference to the DVO without rejecting the books of account is not desirable. The Tribunal is a final fact finding authority as per the ratio laid down in the case of Kamla Ganpati vs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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