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TMI Blog2014 (1) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment proceeding for his consideration – Also these documents have not been placed before us – The matter was restored for fresh examination of documents. - ITA No.1128 & 1129/Hyd/2009 - - - Dated:- 8-2-2013 - Shri Chandra Poojari And Shri Saktijit Dey,JJ. For the Appellant : Shri T. Diwakar Prasad For the Respondent : None ORDER Per Saktijit Dey, Judicial Member: Both these appeals filed by the revenue are directed against a common order of the CIT(A)-IV, Hyderabad dated 15/06/2009 for the assessment year 2003-04 2004-05. Since identical issue is involved in both these appeals, they were clubbed and heard together and, therefore, a common order is passed for the sake of convenience. 2. There was a delay of 52 days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h has been reflected as an asset in the balance sheet of the society. The AO, however, did not accept the explanation of the assessee by observing that the legal title over the land was vested in the name of the President in her personal capacity and the society cannot claim any right title and interest over the land in question. The AO, therefore, denied the exemption claimed u/s 11 of the Act. 6. The assessee challenged the assessment order by filing an appeal before the CIT(A). It was contended before the CIT(A) that for the purpose of constructing a nursing school and training centre for health workers the assessee has acquired land from it's President Sister Adelaide Chickoo by paying amounts of Rs. 13,71,256/- and Rs. 5,65,500/-. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the further fact that the society itself has donated the land to Divine Charitable Trust vide a deed dt. 10/06/2004 and at the will of the society the President executed a gift deed also proves that the society, in substance had become owner of the land. The CIT(A) held that subsequent conduct of the parties makes it clear that the assessee society was in a position to claim right, title and interest over the land. On the basis of the aforesaid analysis of facts and relying upon certain judicial pronouncements the CIT(A) held that there was no violation of section 13(1)(c) and as such assessee cannot be denied exemption u/s 11 of the Act. 9. We have considered the submissions of the learned DR and perused the order of the Revenue autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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