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TMI Blog2020 (9) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... A.O. to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee. Appeal of the Assessee is allowed for statistical purposes. - ITA No. 733/Chd/2019 - - - Dated:- 17-8-2020 - N.K. Saini, Vice President And Sanjay Garg, Member (J) For the Appellant : S.K. Mukhi, Advocate For the Respondents : Arvind Sudarshan, JCIT, DR ORDER N.K. Saini, Vice President 1. This is an appeal by the Assessee against the order dt. 13/02/2019 of Ld. CIT(A), Karnal. 2. Following grounds have been raised in this appeal: 1. That the orders of Ld. CIT(A) is illegal, erroneous and perverse and thus needs to be quashed. 2. That the Ld. CIT (A) is not justified in concurri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the fact that the appellant was allowed registration u/s. 12AA by the CIT concerned during the pendency of appeal so that so the appellant qualifies for exemptions u/s. 11 and 12 of the Income Tax Act, 1961. 4. During the course of hearing the Ld. Counsel for the assessee submitted that the additional ground now raised is purely a legal ground and goes to the root of matter, therefore the same may be admitted as all the facts relating to the said ground are available on the record. Reliance was placed on the judgment of the Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. Vs. CIT reported at 229 ITR 383. 5. In his rival submissions the Ld. DR although opposed the admission of the additional ground bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 147 r.w.s. 148 of the Income Tax Act 1961 (hereinafter referred to as 'Act'). In response the assessee filed the return of income on 27/11/2017 declaring NIL income after claiming benefit of exemption under section 10(23C)(iiiad) of the Act. The A.O. however framed the assessment at an income of ₹ 62,76,953/- by making an addition of ₹ 47,21,983/- being surplus of the total receipt over the revenue expenses for which the assessee claimed exemption under section 10(23C)(iiiad) in the absence of Registration under section 12AA of the Act. The A.O. also added ₹ 1,12,715/- on account of interest, shop rent, ground rent and miscellaneous income by observing that no part of the said income was attributable to ed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies below but could not controvert the aforesaid contention of the Ld. Counsel for the Assessee. 12. We have considered the submissions of both the parties and perused the material available on the record. In the present case it appears that when the A.O. framed the assessment and the Ld. CIT(A) decided the first appeal, the assessee could not produce the certificate of Registration granted under section 12AA of the Act which the Ld. Counsel for the Assessee claimed that now the assessee in a position to produce the said certificate. We therefore by keeping in view the peculiar facts of this case and the principles of natural justice, deem it appropriate to set aside this case back to the file of the A.O. to be decided afresh in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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