TMI Blog2014 (12) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... e-compute the income of the assessee in terms of Sections 11 to 13, keeping in view that the Commissioner of Income Tax-II, Kanpur had already granted registration u/s 12AA - CIT(A) has simply relied on certain orders for previous assessment years without having regard to the facts pertaining to the assessment year in question – thus, the matter is remitted back to the CIT(A) for fresh considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcial basis with profit motive and with no element of charity involved hence was not entitled to have its income considered u/s 11 to 13 of the Act. The assessee is a Government Company and for the assessment year 2009-10 filed a return disclosing a nil income. The Assessing Officer noted that the net profit of the assessee under its profit and loss account was as follows: A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y any exemption under Section 11 of the Act. The Commissioner of Income Tax (Appeals)3 relied on the orders of assessment for AYs 2003-04 to 2008-09 and directed the Assessing Officer to recompute the income of the assessee in terms of Sections 11 to 13, keeping in view that the Commissioner of Income Tax-II, Kanpur had already granted registration under Section 12AA. The Tribunal has simply affir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or, for that matter, by the Tribunal. The expression charitable purpose under Section 2(15) is inter alia defined to include relief of the poor, education and medical relief as well as the advancement of any other object of general public utility. The proviso to Section 2(15) qualifies the expression the advancement of any other object of general public utility by stipulating that if this inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|