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TMI Blog2021 (10) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... nces on account of passing of the orders by the Tribunal. Under these set of facts, we are of the view that the entire issues urged by the assessee before us require re-examination at the end of Ld. Principal CIT, who can take judicial view of the matters after considering the order passed by the Tribunal. Accordingly, we set aside the order passed by Ld. Principal CIT and restore all the issues to his file for examining the claims of the assessee. After affording adequate opportunity to the assessee, Ld. Principal CIT may take appropriate decision in accordance with law on all the issues. Appeal filed by the assessee is treated as allowed for statistical purposes. - ITA No.1463/Bang/2018 - - - Dated:- 20-10-2021 - Shri George Georg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary to the materials on records. 3.2 That the learned Principal Commissioner of Income Tax (Central) erred in law and on facts in holding that the appellant had collected capitation fees, paid commission to agents to procure candidates, adopted dubious methods to route the capitation fee collected into the books of the appellant, violated provision of S.13 merely on the basis of the statement Mr. V. Srinivas and few other persons and all the alleged findings in 12AA(3) order are perverse. 3.3 That the finding of the learned Principal Commissioner of Income Tax (Central) is violative of principles of natural justice as the appellant had not been given an opportunity to cross examine some of the parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g but without admitting that the allegations are true, that the learned Principal Commissioner of Income Tax (Central) erred in law and on facts in holding that the appellant - Trust has committed such acts even though such acts are purported to be committed by the parties. 3. The Ld. A.R. submitted that the assessee is a Trust established vide Trust deed dated 14.11.1984 with the object of establishing educational institutions and to further the cause of backward classes through the education. The assessee was granted registration u/s 12A of the Act by the Commissioner of Income Tax 1 Karnataka, vide his order dated 20.1.1992. The assessee is running various educational institutions. 4. The assessee was subjected to search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has deleted all the additions made by the AO and also held that the assessee is eligible for deduction u/s 11 of the Act. The Ld. A.R. submitted that the grounds on which the registration was cancelled by Ld. Pr. CIT no longer exist after passing of the order by the Tribunal. Accordingly, the Ld. A.R. submitted that the order passed by Ld. Pr. CIT should be cancelled. 6. The Ld A.R. also submitted that the assessee has raised a specific ground challenging the jurisdiction of the Principal CIT in assuming charge over the assessee and in cancelling the registration by passing order u/s 12AA(3) of the Act, that too with retrospective effect. The Ld. A.R. submitted that the registration was granted to the assessee by Ld. CIT (Exemptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect. On the contrary, it is the contention of the Ld D.R that the assessment orders passed by the AO were not entirely relied upon by Ld PCIT. 9. Be that as it may, the fact remain that the Tribunal has now passed orders for AY 2010-11 to 2016-17 against the assessment orders passed for the above said years u/s 153A of the Act. There is no dispute that the Ld PCIT has also referred to the assessment orders passed u/s 153A of the Act. Now there is change in circumstances on account of passing of the orders by the Tribunal. Under these set of facts, we are of the view that the entire issues urged by the assessee before us require re-examination at the end of Ld. Principal CIT, who can take judicial view of the matters after considerin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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