2016 (3) TMI 1469

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..... ority. We are of the view that assessee's claim should have been considered and appropriate relief in accordance with law may be provided. We set aside the matter to the file of the AO to consider the assessee's claim afresh by providing adequate opportunity of being heard. If some compliance is further required, the assessee may be allowed to make the same and decide the grounds of appeal in accordance with law. Thus the appeal of the assessee is allowed for statistical purposes. - Shri R.P. Tolani, JM And Shri Vikram Singh Yadav, AM For the Appellant : Shri P.C. Parwal CA For the Respondent : Shri Purshottam Kashyap, Addl.CIT DR ORDER PER R.P. TOLANI, JM The assessee has filed an appeal against th .....

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..... the assessee filed its return of income on 29-09-2009 declaring income of Rs. 1,93,81,696/-. Thereafter, in the course of assessment proceedings, assessee vide letter dated 09-10-2011 filed the audit report u/s 12A(b) in Form No. 10B dated 05-09-2009; revised computation of total income at Rs. 30,71,775/- claiming exemption u/s 11 and requested the AO to complete the assessment by allowing the claim of exemption u/s 11 of the I.T. Act. Ld. AO though by detailed discussions accepted that assessee is a charitable institution as defined in Section 2(15) and eligible for exemption u/s 11; however, refused to allow the exemption u/s 11 on the grounds: i. Assessee has not complied with the condition of Section 12A as the audit report in Form .....

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..... aced reliance of following case laws to this effect. (i) CIT vs. Shahzedanand Charity Trust , 228 ITR 292 (P H) (ii) CIT vs. Rai Bahadur Bissesswarlal Motilal Malwasie Trust, 195 ITR 825(Cal.) (iii) CIT vs. Ramco International, 332 ITR 306 (P H) (iv) Smt.Raj Rani Gulati vs. CIT , 69 DTR 122 (All.) (v) CIT vs. Pruthi Brokers Shareholders (P) Ltd. (2012) 349 ITR 336 (Bom.) 2.5 The ld. DR supported the orders of the authorities below. 2.6 We have heard the rival contentions and perused the materials available on record. It is observed that the assessee society is registered u/s 12A of the Act and enjoys its benefits. In our considered view the ld. CIT(A) being an appellate authority ought to have considered the assessee& .....

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