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TMI Blog2015 (10) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to the learned CIT(A) to reconsider the matter in the light of the view taken in assessee’s own case for assessment year 2002-03; if, by the time case is reconsidered by the CIT(A), the Tribunal takes any view in assessee’s own case for the earlier year, the same can also be taken into consideration by the learned CIT(A). CIT(A) is directed to reconsider the matter by assuming that the accumulation is not more than the actual amount received in this year, unless it is proved that the assessee has admitted at any stage of the proceeding with regard to accumulation in excess of the receipts - Decided in favour of assessee for statistical purposes. - ITA No. 350/Hyd/15 - - - Dated:- 15-5-2015 - D Manmohan, Vice President,J. For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denied. The total income earned in this year worked out to ₹ 5,71,581, which consists of donations and interest received. The assessee applied only a sum of ₹ 22,975 towards charitable purposes, and the balance was accumulated. 5. It deserves to be noticed that in the immediately preceding year also, the Assessing Officer rejected the claim of exemption on the ground that the assessee did not file auditor s report and Form 10, alongwith the original return of income and when the matter was considered by the first appellate authority, the learned CIT(A) IV observed that the Assessing Officer could not furnish records and in the absence of records, it is difficult to ascertain as to whether the assessee has furnished form No.10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is for the assessee to prove that factually it is not correct. 8. The learned counsel, joining the issue, submitted that pages 9 to 20 of the paper-book represent the papers filed before the CIT(A) and the figure ₹ 6,70,927 does not emerge from these papers, and as an officer of the Court, he submits that the assessee has not furnished such figure and hence, it is not known as to wherefrom the Assessing Officer or CIT(A) has taken that figure. He emphasized that the total receipts are ₹ 5,71,586 in which event, consistent with the view taken by the CIT(A) in assessee s own case for the immediately preceding year, the assessee should have been allowed to accumulate the amount under S.11(2) of the Act. 9. I have carefull ..... X X X X Extracts X X X X X X X X Extracts X X X X
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