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TMI Blog2013 (5) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... : 2. In these appeals the Revenue has assailed the respective order of the ld. CIT(A) on common grounds. For the sake of reference, we extract the grounds of appeal raised in ITA No. 565/LKW/2011 as under:- 1. The CIT(A) has erred in law and in facts in holding that the return of income filed beyond a period of 30 days as specified in the notice u/s 148 is a valid return of income. 2. The CIT (A) has erred in law and in facts in failing to appreciate that the reasons recorded for issue of notice u/s 148 restricted the action of A.O. to the allowbility of deductions u/s 10 (23C) (vi) only. 3. The CIT(A) has erred in law and in facts in failing to appreciate that the assessee has not made any valid claim for grant of exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer as return of income in response to notice under section 148 of the Act being return of income not filed within 30 days specified time period provided in the notice under section 148 of the Act. He accordingly treated the return as non-est and denied benefit of exemption under section 11 of the Act. 5. The assessee preferred an appeal before the ld. CIT(A) with the submission that the return of income furnished by it after the due date as specified in the notice under section 148 of the Act cannot be treated as non-est, as interest under section 234A(3)of the Act can be charged on delayed return. He further placed reliance upon the order of the Luknow Bench of the Tribunal in the case of M/s Preet Leasing Private Limite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of the assessee with regard to the exemption claimed under section 11 of the Act after treating the return filed in response to notice under section 148 of the Act as non-est in law. The ld. D.R. further contended that even if the return is treated to be a valid return, the matter may be restored back to the file of the Assessing Officer with a direction to re-examine the claim of exemption under section 11 of the Act in the light of provisions of section 13 of the Act. 7. The ld. counsel for the assessee besides placing heavy reliance upon the orders of the ld. CIT(A) has contended that the Assessing Officer has wrongly treated the return filed in response to notice under section 148 of the Act as non-est only for the reason that it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer to make a proper verification with regard to the claim of exemption under section 11 of the Act, but the ld. CIT(A) instead of doing this exercise has outrightly granted exemption under section 11 of the Act, which is not correct as per law. In the above circumstances, the matter should have been referred to the Assessing Officer to examine the claim of exemption of the assessee in the light of the provisions of section 13 of the Act. We accordingly set aside the orders of the ld. CIT(A) and restore the matter to the file of the Assessing Officer with a direction to re-adjudicate the claim of exemption under section 11 of the Act in the light of the relevant provisions of the Act after affording proper opportunity of being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26.9.2008 showing excess of income over expenditure at ₹ 32,15,904 and claimed exemption under section 10(23C)(vi) of the Act and declared income at Nil. When the assessee-society was not notified by the prescribed authority i.e. the Chief Commissioner of Income Tax, Lucknow vide his letter dated 20/24.8.2009, the assessee changed its stand and claimed exemption as per return furnished on 29.3.2010. The Assessing Officer disallowed the claim of exemption under section 11 of the Act after having noted that in the original return so furnished by the assessee there was not any omission or wrong statement on the part of the assessee with regard to the claim of exemption which rendered the assessee to furnish a revised return under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 13 of the Act or not. The ld. D.R. further contended that at the most the matter can be restored back to the file of the Assessing Officer with a direction to examine the claim of exemption in the light of the provisions of section 13 of the Act, but the ld. CIT(A) without doing this exercise has outrightly granted exemption under section 11 of the Act to the assessee, which cannot be held to be proper and valid decision of the ld. CIT(A). 14. The ld. counsel for the assessee has placed heavy reliance upon the order of the ld. CIT(A). 15. Having heard the rival submissions and from a careful perusal of record, we find that undisputedly the claim of exemption was not raised in the original return of income filed. When the Chief Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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