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TMI Blog2021 (9) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 - - - Dated:- 23-9-2021 - MS SUCHITRA KAMBLE, JUDICIAL MEMBER AND SH. PRASHANT MAHARISHI, ACCOUNTANT MEMBER Appellant by : Sh. C. S. Anand, Adv Respondent by : Sh. Gaurav Pundir, Sr. DR ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 27/12/2016 passed by CIT(A)- Muzaffarnagar for assessment year 2012-13 2. The grounds of appeal are as under: I.T.A. No. 191/DEL/2018 (A.Y 2012-13) 1. That on the facts of the case and under the law, the Id. CIT(A) had erred in not appreciating that once the registration u/s 12AA stood restored to the assessee, it cannot be denied exemption u/s 11/12 of the I.T. Act 1961, even though such exemption was claimed through a be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble CBDT Circular No. 14(XL-35) dated 11-4-1955 , through which it was emphasized that the IT Department should not take advantage of an assessee's ignorance, to collect more tax out of him than is legitimately due from him. I.T.A. No. 192/DEL/2018 (A.Y 2013-14) 1. That on the facts of the case and under the law, the Id. CIT(A) had erred in not appreciating that once the registration u/s 12AA stood restored to the assessee, it cannot be denied exemption u/s 11/12 of the I.T. Act 1961, even though such exemption was claimed through a belatedly filed revised return. 2. That on the facts of the case and under the law, the CIT(A) had erred in not appreciating the assessee's submissions that the decision of Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more tax out of him than is legitimately due from him. 3. We are taking up the facts of I.T.A. No. 191/DEL/2018 (A.Y 2012-13) as both the appeal are identical. The assessee, Muzaffarnagar Development Authority (MDA) was created by an enactment of Uttar Pradesh Urban Planning and Development Act, 1973 vide Notification (G.O.) No 4521/9 awas-5-96-1 Gathan-96, dated 21-11-1996 for the Objects of Planning, Development and Improvement of Cities, Towns and Villages for General Public Utility. The assessee filed its return of Income for the Assessment Year 2012-13 electronically on 30.09.2012 vide E-filing Acknowledgment No. 506943631300912 , declaring the total income of ₹ 3,13,89,620.00. The assessment for the above stated Assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR relied upon the decision of the Hon'ble Supreme Court in case of Goetz India Ltd. and submitted that the CIT(A) should have entertain the claim of the assessee for Exemption u/s 11 at the time of appellate proceedings which was totally denied by the CIT(A). 6. The Ld. DR relied upon the assessment order and the order of the CIT(A). The Ld. DR also relied upon the decision of Dalmia Power (S.C). The Ld. DR further submitted that the revised return filed by the assessee was after the expiry of the time limit available under the statute and the decision of the Hon'ble Supreme Court in Goetz India will not be applicable in the present case. 7. We have heard both the parties and perused the material available on record. It is pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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