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TMI Blog2011 (8) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... s :- I. T. Appeal No. 2792 (Del) of 2011 [Assessment year : 2006 07] : 1. That the CIT (Appeals) erred on facts and in law in upholding the action of the assessing officer in reassessing the income under section 147 / 143(1) of the Income Tax Act, 1961 ( the Act ) at Rs.79,36,600/- as against returned income of Rs. NIL; 2. That the CIT (Appeals) erred on facts and in law in upholding the assumption of jurisdiction under section 147 / 148 of the Act; 2.1 That the CIT (Appeals) erred on facts and in law in not appreciating that the reasons recorded by assessing officer for re-opening the proceedings cannot be regarded as reasons leading to the belief of escapement of income, which is a pre-requisite for initiating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 47 / 143(1) of the Income Tax Act, 1961 ( the Act ) at Rs.1,71,89,697/- as against returned income of Rs. NIL; 2. That the CIT (Appeals) erred on facts and law in upholding the action of the assessing officer in denying the benefit of exemption under section 11 of the Act merely on the ground that the appellant could not produce its books of accounts during the assessment proceedings; 2.1 That the CIT (Appeals) erred on facts and in law in not appreciating that the books of accounts for the preceding assessment years could not be produced before the assessing officer as the same were impounded by the DGIT [E] under section 131(3) of the Act; 3. That the CIT (Appeals) erred on facts and law in upholding the action of the assessing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of the trust for notification under section 10(23)(6) was rejected by the ld. DGIT [Exemption] vide order No. DGIT[E]/10(23)c)/1322 dated 19/12/2008 on the ground that the society did not satisfy the conditions mentioned under section 10(23)(c) of the Act. During the course of proceedings under section 10(23)(vi) the books of accounts of the society were also sent to Forensic Science Laboratory, Haryana. The Forensic Science Laboratory vide report dated 17/12/2008 had reported that cash book, bank book and general register have not been written in regular course of time. It was also recorded that it was not possible to express a definite opinion regarding absolute / relative age of the writing. The ld. AR of the assessee further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come was applied by the assessee trust for the objects of the trust. We, therefore, set aside both the appeals to the file of the assessing officer with the directions that he will obtain the books of accounts from the DGIT [Exemption] and verify whether the expenses incurred by the assessee were utilized for the purpose of the trust and all other conditions relating to allowability of deduction under section 11 were satisfied or not. The ld. AR of the assessee had given undertaken that the assessee will co-operate with the assessing officer in getting the assessment expeditiously. The assessing officer is directed to pass order on merits after providing sufficient opportunity being heard to the assessee to explain its case. We order accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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