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TMI Blog2019 (3) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... y u/s 271(1)(c) of the IT Act on the income enhanced by him. 3. Facts of the case, in brief, are that the assessee is a Resident Welfare Association and registered under the Registrar of Societies, Meerut vide certificate No.1573 dated 25th February, 2009. The assessee is also registered u/s 12AA by Commissioner of Income Tax, Ghaziabad vide C.No.57(03)/Regn.12A/CITGZB/ 2010-11/2545 dated 26.10.2010. It filed its return of income on 3rd October, 2012 declaring nil income in the status of charitable society. The Assessing Officer, in the order passed u/s 143(3) on 27th February, 2015, determined the total income at Rs. 6,36,590/-. While doing so, he observed on perusal of the Income & Expenditure Account that the gross receipts includes sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly, the ld.CIT(A) initiated penalty proceedings u/s 271(1)(c) of the IT Act. Rejecting the various explanations given by the assessee and observing that the assessee has deliberately and willfully furnished inaccurate particulars of its income and has deliberately and willfully concealed the particulars of its income with the intention of evading tax on its full and correct income liable to be taxed, he directed the Assessing Officer to levy penalty @ 200% of the tax sought to be evaded by the assessee on the quantum of income which was enhanced by him over and above the income assessed by the Assessing Officer against the income returned by the assessee in its return for both the assessment years. 6. Aggrieved with such order of the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 2012-13 and 2014-15 had set aside the order of the CIT(A) by observing as under:- "10. I have given thoughtful consideration to the orders of the authorities below. I have also gone through the contents of the affidavit filed by the Secretary of the appellant-society. The undisputed fact is that the appellant society was enjoying the registration granted to it by the CIT(E), Ghaziabad u/s 12AA of the Act. I fail to understand how can the CIT(A) question the authority of the CIT(Exemptions) for granting registration u/s 12AA of the Act. It is for the CIT(Exemptions) to decide the allowability or otherwise of the registration u/s 12A of the Act. In my considered opinion, the CIT(A) should not have made any observation on that aspect an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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