9911796707
TMI Blog2024 (5) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... s under: (6) In this section where any income is required to be applied or accumulated or set apart for application, then, for such purposes the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year. Looking into the entire conspectus of section 11(6) of the Act and argument put forth by assessee, it is necessary to set aside this issue to the file of A.O. to look into the application of income by the Trust afresh. Accordingly, we set aside this issue to AO to look into afresh the application of income by the Trust and calculate tax liability, if any, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the medical supervision and rest, for the ailment, I was not able to assimilate the necessary documents and hand over the same for organizing to file an appeal against the above order, and this alone has resulted in a delay of 55 days in filing the appeal before the Honourable Income Tax Appellate Tribunal. 6. I also submit before the Honourable Income Tax Appellate Tribunal that I do not stand to gain by delaying the filing of appeal and neither do I have any intention to delay the filing of the appeal. 7. I also state that due to the above mentioned reasons as the delay caused in filing the appeal is not due to any inaction or negligence or intentions, and was beyond my cause and control, it is hereby prayed before Your Honor tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on or reasoning of any extent, whatsoever. 5. The Assessing officer of the Rectification Order has grossly erred in, levying tax without actually considering the actual application of income to the charitable purposes of the Appellant, which far exceeded the income, resulting from, after disallowance of depreciation. 6. The Assessing officer of the Rectification Order, has grossly erred in levying tax on the appellant ignoring the fact that the appellant is recognized/approved u/s 10(23C)(vi) of the Act. 7. In view of the above and in view of further grounds that may be advanced, as the circumstances may warrant, in the interest of deliverance of justice, during the course of hearings, it is prayed that the Honourable Income Tax Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome (to the extent 85% thereof) was not considered despite application of income details provided. 6. Aggrieved against the order u/s 143(1) dated 22.10.2016, assessee filed rectification application u/s 154 of the Act and requested the CPC, Bangalore, to see the actual application of income. AO CPC, Bangalore, vide order dated 16.03.2018 rejected the rectification application u/s 154 of the assessee. Rejection order dated 16.03.2018 is as under: "As seen from the e-filed return of income and the rectification request filed, there is no mistake in the intimation u/s 143(1) to be rectified". 7. The assessee further challenged the rejection order u/s 154 dated 16.03.2018 before the CIT(A). Ld. CIT(A) vide his order dated 04.11.2023 has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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