2013 (7) TMI 1129

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..... ORDER Heard Sri Shambhu Chopra, learned counsel for the department and Sri Rishi Raj Kapoor, learned counsel for the assessee respondent. In the memo of appeal only the following substantial question of law has been proposed for consideration:- Whether on the facts and in the circumstances of the case, the Tribunal is justified in law .....

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..... society has not maintained the books of accounts properly and separately in the required manner. On appeal, the Income Tax Appellate Tribunal by the order under the appeal has allowed the appeal. The learned standing counsel for the department submits that in view of the finding recorded by the Commissioner of Income Tax and in view of the Assessing Officer's feedback report, .....

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..... separate accounts should be maintained. The Tribunal has rightly set aside the order of the CIT in view of the fact that both the activities of the respondent society are charitable in nature as per its bye-laws. Even the Commissioner of Income Tax has not recorded a finding that any of these activities of the respondent assessee is non charitable. The findings re .....

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