2015 (10) TMI 1749

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..... er of Income Tax (Appeals) examined the same in light of provisions of Section 11 (2) of the Act of 1961. The Tribunal remanded the matter with direction to adjudicate the entire matter afresh by taking into consideration provisions of Section 11(1) (a) of the Act of 1961. In our considered opinion the remand made by the Tribunal is in accordance with law. Setting off of excess expenditure in i .....

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..... d by learned counsel for the appellant is two fold :- (1) that the Income Tax Appellate Tribunal erred while remanding the matter to the Commissioner of Income Tax (Appeals) to examine case of assessee in light of exemption available as per Section 11 (i) (a) of the Income Tax Act, 1961 and (2) that the Income Tax Appellate Tribunal erred while setting off excess expenditure in income of earlier y .....

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..... the assessee is creation of a statute and from inception that is a charitable institution. It is also pertinent to notice that subsequent to the year 2009 the exemption as allowed by ITAT is avaialble to the assessee. In view of it, we do not find any just reason to interfere in the instant matter being having no subsequent question of law involved. The appeal is dismissed accordingly. - - Tax .....

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