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2022 (4) TMI 446

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..... d will apply the provisions of section 12A(2) of the Act as per law. There is no infirmity in the order of the CIT(A) and the same is upheld. Appeal of the Revenue is hereby dismissed. - I.T.A. No. 71/Kol/2022 - - - Dated:- 31-3-2022 - Shri Sanjay Garg, Judicial Member And Shri Girish Agrawal, Accountant Member None appeared on behalf of the appellant Smt. Ranu Biswas, Addl. CIT-DR, .....

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..... st towards corpus exceeding the scope and ambit of Explanation to section 251 in the case of order appealed against was 154/143(1) of the Income Tax Act, 1961. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in directing the Assessing Officer to inquire into all the receipts of the appellant during the year and expenditure out of such receipts without .....

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..... the time of hearing. 3. The brief facts of the case are that the assessee-trust applied for registration u/s 12A of the Act 19.02.2015. The assessee also filed return for the assessment year under consideration i.e. A.Y 2015-16, wherein, certain voluntary donations received by the assessee have been claimed as exempt. However, the Assessing Officer/CPC while processing the return u/s 143(1) .....

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..... er of mistake apparent on record. 4. Being aggrieved by the above order of the Assessing Officer, the assessee preferred an appeal before the CIT(A). the ld. CIT(A) allowed the appeal of the assessee observing as under: 8. I have considered the material on record. I find that the receipt of ₹ 9088219/- needs investigation. I, therefore, direct the AO to carry out necessary investigat .....

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..... 5. After hearing the ld. DR, we do not find any infirmity in the order of the ld. CIT(A). The ld. CIT(A), as noted above, has restored the matter to the Assessing Officer directing that the Assessing Officer will investigate the genuineness of the voluntary donations and will apply the provisions of section 12A(2) of the Act as per law. There is no infirmity in the order of the CIT(A) and the .....

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