9911796707
TMI Blog2014 (6) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal by the revenue under Section 260-A of the Income Tax Act, 1961 arises from the decision of the ITAT; the assessment year being A.Y. 2009-10. The revenue has raised the following question of law: "Whether the ITAT erred in law in granting exemption U/s. 10(23-C) (iiiad) even when the assessee had not claimed any exemption under the Section in assessment proceedings." The order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other hand, learned counsel appearing on behalf of the assessee has strongly contested the correctness of the submission by referring to the order passed by the CIT(A) where a specific claim under Section 10(23C) (iiiad) was raised. We have duly perused the order of the CIT(A) as well as the order of the Tribunal. The order of the CIT(A) would indicate that in the supplementary submission which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sses from next year onwards. More then sufficient details and evidences have been brought on record in support of this contention as well. This is an admitted fact that total receipts of the assessee would remain below Rs. 1 Crore even if the donations of Rs. 49,99,000/- are added as receipt in the nature of income of the assessee society. So I hold that the assessee trust is entitled for exemptio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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