9911796707
TMI Blog2024 (6) TMI 1193X X X X Extracts X X X X X X X X Extracts X X X X ..... e. In our view, we find that the additional evidence so submitted is critical and germane for deciding the matter under consideration and given that the assessment has been completed u/s 144, the assessee deserve to be allowed an opportunity to furnish the necessary explanation and documentation in support of its claim for exemption u/s 10(23C)(iiiad) of the Act. Therefore, we hereby admit the additional evidence and the matter is remanded to the file of the CIT (A) to examine the matter a fresh after providing reasonable opportunity to the assessee. The contentions on merits are thus left open and not adjudicated upon - Appeal of the assessee is allowed for statistical purposes. - Shri. Sanjay Garg, JM And Shri. Vikram Singh Yadav, AM Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 142(1) alongwith questionnaire and thereafter final show cause was issued and in absence of any reply submitted by the assessee society, the assessment was framed under section 144 by the AO. 3.1 As per the AO, the assessee has filed its return of income under section 10(23C)(iiiad) of the Act by showing income from other sources at Rs. 69,13,980. As per the AO, in order to claim of exemption, the assessee society has to fulfill certain conditions as laid down in the relevant provisions, however in the instant case, the assessee society has failed to furnish the details/ information to substantiate its claim under section 10(23C)(iiiad) of the Act and therefore the exemption claimed was disallowed and whole of the amount of Rs. 69 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... awn to the impugned order wherein the submissions so filed by the assessee were reproduced by the Ld. CIT (A) wherein the assessee has sought permission to submit additional evidence in terms of copy of audited balance sheet as on 31/03/2016 alongwith audit report in Form No. 10BB, copy of the trust deed, copy of the certificate of registration, copy of the assessment order under section 143(3) for A.Y 2010-11 wherein the AO has allowed the exemption under section 10(23C)(iiiad) of the Act, computation chart showing income applied towards revenue expenses and capital expenses and which shows that the assessee society has utilized more than 85% of the gross receipt towards attaining the object of the society, copy of the bills of assets purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AO and has also moved an application seeking permission to submit the additional evidence, it was incumbent on part of the ld. CIT (A) to consider the said prayer of the assessee for submitting additional evidence. In our view, we find that the additional evidence so submitted is critical and germane for deciding the matter under consideration and given that the assessment has been completed u/s 144, the assessee deserve to be allowed an opportunity to furnish the necessary explanation and documentation in support of its claim for exemption u/s 10(23C)(iiiad) of the Act. Therefore, in interest of substantial justice, we hereby admit the additional evidence and the matter is remanded to the file of the ld. CIT (A) to examine the matter a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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