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TMI Blog2017 (4) TMI 1629X X X X Extracts X X X X X X X X Extracts X X X X ..... CS Ltd. [ 2016 (1) TMI 396 - ITAT BANGALORE] it was held that if the expenditure incurred is on religious or charitable purposes, it is the expenditure properly incurred by the trust and the income out of which the said expenditure incurred would not be liable to tax and this is not relevant as to whether the expenditure was incurred in the present year or in an earlier year. Hence, this is very important to find out as to whether the expenditure for which the assessee is asking for set off in the present year were incurred for the objects of the trust or not? - There is no finding of the ld. CIT(A) on his aspect of the matter and therefore, we feel it proper to restore the entire matter back to the file of the ld. CIT(A) for fresh decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Without prejudice to the ld. AO having disallowed the claim of the appellant ought to have given opportunity to the appellant for filing application u/s 11(2) of the Act, for accumulation of the surplus. 5. Without prejudice, the addition/disallowance made are excessive and there liable to be reduced substantially. 6. The ld. AO erred in levying the interest u/s 234Bof the Act. 7. For these and other grounds of appeal that may be urged at the time of hearing, the appellant prays that the appeal may kindly be allowed". 3. The ld. DR of the revenue supported the assessment orders whereas the ld. AR of the assessee supported the orders of the ld.CIT(A). She also submitted that this issue is covered in favour of the assessee by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of DDIT Vs KFCS Ltd. (Supra), it was held that if the expenditure incurred is on religious or charitable purposes, it is the expenditure properly incurred by the trust and the income out of which the said expenditure incurred would not be liable to tax and this is not relevant as to whether the expenditure was incurred in the present year or in an earlier year. Hence, as per this Tribunal order, this is very important to find out as to whether the expenditure for which the assessee is asking for set off in the present year were incurred for the objects of the trust or not. There is no finding of the ld. CIT(A) on his aspect of the matter and therefore, we feel it proper to restore the entire matter back to the file of the ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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