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TMI Blog2014 (2) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... d the application of income was at 96.29% of the income/receipts, therefore, the assessee fulfilled the conditions - the AO failed to bring any material on record that the notification dated 23/3/2007 of the CBDT for granting exemption u/s 10(23C)(vi) of the Act had been rescinded - CIT(A) was fully justified in deleting the addition made by the Assessing Officer – Decided against Revenue. - I.T.A. No. 859/JP/2012 - - - Dated:- 31-1-2014 - Shri H. M. Maratha And Shri N. K. Saini,JJ. For the Petitioner : Shri D.C. Sharma, D.R. For the Respondent : Shri Kranti Mehta. ORDER Per: N. K. Saini, A.M. This is an appeal by the department against the order dated 09/08/2012 of the Ld. CIT(A), Alwar. Following grounds have been ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he society, accordingly, the registration earlier granted was cancelled vide order u/s 12AA(3) dated 24/4/2006 by the CIT, Alwar. However, the said order of the CIT, Alwar was quashed by the ITAT, Jaipur Bench vide order dated 22/2/2008 and the registration u/s 12A(a) of the Act was restored. Further the CBDT vide order dated 23/3/2007 has also granted exemption u/s 10(23C)(vi) of the Act by virtue of which the income of the assessee was exempt. 4. the Assessing Officer during the course of assessment proceedings, pointed out that there was a gradual increase in the accumulation which had been utilized for the object of the society within the stipulated period but there was no voluntary contribution and all the accumulation was made out o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Officer also made an addition of Rs. 1,42,785/- on account of disallowance out of vehicle expenses. Accordingly, income of the assessee was computed at Rs. 1,48,59,070/-. 5. Being aggrieved, the assessee carried the matter to the Ld. CIT(A), who deleted the addition by observing that the Assessing Officer had failed to appreciate that the activities carried out by the assessee were towards achieving its object of running the educational institution and the surplus generated has been utilised for the objects of the society, so it could not be said that the assessee was working with a profit motive. He also observed that the disallowance of expenditure on account of cars was also found to be without any basis as the expenses related ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessing Officer. Now the department is in appeal. 7. The Ld. D.R. strongly supported the assessment order dated 3/12/2009 passed by the Assessing Officer and reiterated the observations made in the said assessment order. 8. In his rival submissions, the Ld. Counsel for the assessee reiterated the submissions made before the authorities below and strongly supported the impugned order passed by the Ld. CIT(A). 9. We have considered the submissions of both the parties and carefully gone through the material available on the record. In the present case, it appears that the Assessing Officer disallowed the claim of the assessee for the reason that the order dated 22/2/2008 passed by the ITAT, Jaipur Bench for restoring the registr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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