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TMI Blog2019 (10) TMI 1545X X X X Extracts X X X X X X X X Extracts X X X X ..... hence, the same be restored to the file of the Assessing Officer for proper appreciation of the facts and the decision in accordance with law. The order of the lower authorities are set aside and the matter is restored to the file of the Assessing Officer for decision afresh in the accordance with law. Needless to say that the Assessing Officer will provide proper opportunity to the assessee to present its case. Decided in favour of assessee for statistical purposes. - ITA No. 1422/CHD/2017 - - - Dated:- 21-10-2019 - SHRI N.K. SAINI, VICE PRESIDENT SHRI SANJAY GARG, JUDICIAL MEMBER For the Assessee : Sh. P.N. Arora, Advocate For the Revenue : Sh. Amit Shukla, Sr.DR ORDER Per Sanjay Garg, Judicial Member: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act by carrying out activities on a commercial basis. 6.That on the facts and circumstances of the case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 11,23,122/- on account of unreasonable rent paid to a specified person without giving any finding on the issue even as the assessing officer had clearly established the violation of provisions of section 13(l)(c) of the Act. 7.That the appellant craves to leave, add or amend the grounds of appeal on or before the appeal heard and djsposed off. 3.The brief facts of the case are that the assessee Society is registered u/s 12AA of the Income tax Act, 1961 with the CIT, J K, vide order no. IT/J K/JMU/ITO (TECH)/06-07/3112, dated 29/08/2006. The assessee society ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucational institutions should exist slowly for educational purpose and for the purpose of the profit and some generation of surplus cannot be the basis for rejection of the exemption on the ground that it amounts to an activity of the nature of profit making subject to the condition that such amount was applied wholly and exclusively to the object for which it was established. Further the allegation, that the assessee was recovering certain amounts from the students as admission fee etc. was wholly baseless and there was no justification for treating the said amount as profit making activity unless the amount was in the nature of capitation fee directly or indirectly. The assessee also placed reliance on a number of judgments, wherein, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, the Ld. CIT(A) has straightway relied upon certain case laws and allowed the appeal of the assessee without discussing as to how those case laws were applicable to the facts of the case of the assessee especially to the quantum of income earned by the assessee or the generation of huge surplus. Both the Ld. representatives of the parties, therefore, submitted that since the matter has not been properly examined either by the Assessing Officer or by the CIT(A), hence, the same be restored to the file of the Assessing Officer for proper appreciation of the facts and the decision in accordance with law. 6.In view of the above submissions of the Ld. representatives of the parties, the order of the lower authorities are set aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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