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TMI Blog2021 (10) TMI 1155X X X X Extracts X X X X X X X X Extracts X X X X ..... d any infirmity in treating the income at NIL by Ld.CIT(A). Thus, grounds raised by the Revenue are dismissed. - ITA No.6811/Del/2017 - - - Dated:- 27-10-2021 - Shri R.K.Panda, Accountant Member And Shri Kul Bharat, Judicial Member For the Appellant : Sh. Gaurav Pundir, Sr.DR For the Respondent : Sh. K.P.Garg, CA ORDER PER KUL BHARAT, JM : This appeal filed by the Revenue pertaining to assessment year 2012-13 is directed against the order of Ld. CIT(A)-I, Noida dated 30.03.2017. The Revenue has raised following grounds of appeal:- 1. On the facts and circumstances of the case and in law, Ld.CIT(A) has erred in law in deleting the addition of ₹ 1,85,57,807/- and ₹ 24,65,628/- made o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of gratuity and prior period expenses of ₹ 1,85,57,807/- and ₹ 24,65,628/- respectively. The Assessing Officer was of the view that since the assessee has been enjoying exemption u/sections 10,11 or 12 of the Act since inception and the provisions and prior period expenses can not be allowed to the assessee hence, the same were added to the income of the assessee. The Assessing Officer observed that the assessee has not claimed exemption u/s 10(23)(iiiab) of the Act and failed to submit requisite Audit Report in form No.10B. 5. Aggrieved against this, the assessee preferred appeal before Ld.CIT(A) wherein Ld.CIT(A) deleted the addition on the ground that the assessee council was an educational institution existing solely f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the exemption on the ground that the assessee failed to file requisite audit report in Form 10B. 10. From the records placed before us, the assessee was granted registration u/s 10(23C) of the Act vide order dated 27.06.2005 for Assessment Years 1999-2000 to 2001-2002. It is seen from the record that the assessee was granted registration u/s 10(23C)(vi) of the Act vide order dated 26.03.2015 for the Assessment Year 2014-15 and onwards. During the course of hearing, Ld. Counsel for the assessee drew our attention to page 65 of the Paper Book to buttress the arguments that claim was made in the return of income. 11. We have heard the Ld. Counsel for the parties and perused the material available on records. We find that the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the donation below subsection (2) of section 288 and the person inn receipt of the income furnishes along with the return of income for the relevant assessment year the report of such audit in the prescribed from duly singed and verified by such accountant and setting forth such particulars as may be prescribed. As Per Rule 17B The report of audit of the accounts of a trust or institution which is required to be furnished under clause (b) of section 12A, shall be in Form No. 10B. Since the assessee has not complied with provision of section 12A(b) exemption under section 11 12 is denied and the income is computed as follows:- Total Income As Per Income Expenditure A/c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant is not to be included in the total income of the appellant liable to tax. The income of the appellant is to be treated as NIL though not for the reasons canvassed by the appellant nor in the light of the impugned assessment order but independent of both and in the light of the approval granted by the CBDT to the case of the appellant for the purposes of section 10(23C)(vi) of I.T. Act, 1961. 17. In view of the above the impugned assessment order is deleted as not sustainable in the eyes of the law though not for the grounds canvassed by the appellant. The appellant get relief to that extent and the appeal of the appellant is allowed for the reasons recorded above. However, the Ld.CIT(A) allowed the claim altogether differe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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