9911796707
TMI Blog2010 (7) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is entitled to exemption u/s 11 of the Act when, in the first place, the Assessee never even claimed the same in the original Return of Income or by way of filing a revised Return of Income. In the absence of claim through filing of revised Return the assessee is not entitled to claim of exemption u/s 11 of the Act. 3. The assessee in this case filed return of income on 19.1.2007 after claiming exemption u/s. 10(21) of ₹ 3,76,22,000/-. The brief facts of the case is that the assessee is a society registered under the Societies Registration Act, 1860 and is engaged in the field of organizing, promoting and conducting scientific research for the extension of knowledge in the filed of energy engineering, policy analysis, energy au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground that no revised return was filed, and further Form 10B was not signed by the Auditors. Thus, by denying both the claims, the total income was assessed at ₹ 3,76,22,000/-. 4. Upon assessee s appeal Ld. Commissioner of Income Tax (Appeals) held that Assessing Officer was correct in denying the benefit of section 10(21) to the assessee as Income Tax Act provided benefit to association and not to institution . However, Ld. Commissioner of Income Tax (Appeals) accepted the alternative ground of the assessee that in absence of exemption u/s 10(21) of the Act it should have been given the benefit of section 11, as it is registered under section 12A of the IT Act. Ld. Commissioner of Income Tax (Appeals) in this regard re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report on this ground and making it a basis of denial of exemption u/s. 11 12. 5. Against this order the Revenue is in appeal before us. 6. The only grievance of the revenue is that the assessee has not claimed the exemption in the original return of income or by way of filing a revised return of income, hence, Ld. Commissioner of Income Tax (Appeals) should not have allowed the assessee s claim. 6.1 We have heard the Ld. Departmental Representative. None appeared on behalf of the assessee. Upon careful consideration, we are of the opinion that the issue can be adjudicated by considering the materials on record and hearing the Ld. Departmental Representative. Accordingly, we proceed to adjudicate the same. 6.2 We find that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Considering the above, we find that the genuineness/correctness of the assessee s claim has not been doubted by the revenue and the only grievance is that the same has not been filed by way of original return or revised return. The Assessing Officer has not allowed the claim only on this ground and that the Auditors Certificate was not signed by the same auditor. A genuine claim of the assessee has to be allowed and the another argument for denial by the Assessing Officer that From 10-B has not been signed by the same auditor, is devoid of merits. Hence, on the basis of the aforesaid discussion and precedents, we do not find any merit in this grievance. Accordingly, we do not find any infirmity in the order of the Ld. Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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