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TMI Blog2021 (1) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... . Merely filing Form No. 10 cannot be held as afterthought. CIT(A) though saying that the assessee is entitled for exemption u/s 11 with all the consequential benefits, thereafter cannot restricted the claim of the assessee which the assessee is entitled u/s 11 on the ground that filing of Form No. 10 was an afterthought. Therefore, we direct the Assessing Officer to take cognizance of the revised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required for accumulation u/s 11(2) have been satisfied and therefore, the same should have been allowed by the Ld.CIT(A) 3. The above grounds are independent and without prejudice to one another. 4. The appellant contends that he may be allowed to add, amend, alter forgo any of the grounds at the time of hearing. 5. The above grounds are independent and without prejudice to one another. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imb of sec. 2(15) defining the term 'charitable purpose'. By invoking proviso to sec. 2(15) introduced by the Finance Act, 2008 with effect from assessment year 2009-10 the Assessing Officer concluded that the activities are commercial in nature and therefore, does not satisfy the definition of 'charitable purpose' as per the amended definition. Thereby the exemption u/s 11 and 12 was denied. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same with all consequential benefits. The Ld. AR further submitted that the Hon'ble Gujrat High Court in case of CIT(A) Vs. Mayur Foundation 274 ITR 562 has categorically held that once the assessee satisfies the conditions u/s 11(2) then the assessee be given all the benefits related to the same. The Ld. AR also relied upon the decision of the Hon'ble Apex Court in case of Nagpur Hotels Owner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for exemption u/s 11 with all the consequential benefits, thereafter cannot restricted the claim of the assessee which the assessee is entitled u/s 11 on the ground that filing of Form No. 10 was an afterthought. Therefore, we direct the Assessing Officer to take cognizance of the revised audit report in Form No. 10B as well as the Resolution dated 22/05/2017 and allow the consequential benefits ..... X X X X Extracts X X X X X X X X Extracts X X X X
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