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TMI Blog2024 (7) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by 68 days. The assessee filed a condonation petition alongwith affidavit. That applicant has filed appeal against order u/s 250 of the Act dated 17.10.2023 passed by Commissioner of Income Tax(Appeals), Income Tax Department received by assessee on 18.12.2023. That appeal against order u/s 250 of the Act was required to be filed on or before 16.12.2023 being sent through speed post on 20.02.2024 which is expected to be received in ITAT office on or before 22.02.2024 resulting in delay of 68 days. That in fact there is no delay in filing the appeal because President Vikramjit Singh was not attending office due to illness of his sister who was suffering from cancer. Sister of Vikramjit Singh president of the trust unfortunately died on 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 01.10.2014 by way of insertion of first proviso to section 12A(2) of the Act. 2. That on the facts and circumstances of the case, Learned AO has grossly erred in law by making best judgment assessment under s. 143(3) without invoking the provisions of s. 145(3) of the Act instead of making assessment under s. 144 of the Act. Assessment framed u/s 143(3) of the Act as against required to be framed u/s 144 of the Act is illegal and bad in law. 3. That on the facts and circumstances of the case, Learned Commissioner of Income Tax (Appeals) ['CIT(A)'] has grossly erred in confirming addition of Rs. 25,41,741/- being adhoc disallowance of all expenses debited in income and expenditure account of Pannu Polytechnic College. Addition confirme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Shri Guru Hargobind Sahib Modern School. The case of appellant was selected for scrutiny under section 143(3) of Income Tax Act. While framing assessment, Learned Assessing Officer has made certain additions on adhoc basis, based on assumptions and presumptions. The AO observed that the registration certificate u/s 12A of the Act is effective from Assessment year 2016-17 (FY 2015-16) and not for the year under assessment. The assessee filed return of income disclosing total income at Rs. 3,61,253/- along with copies of audited income and expenditure accounts, balance sheet, maintained separately for different units and audit reports. In course of scrutiny proceedings, in spite of repeated requests by the AO, the books of accounts, and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unts while completing assessment for the year. Due to noncompliance on the part of the appellant, during assessment proceeding, the AO could not examine applicability of section 40(a)(ia), 40A (2), 40A(3) section 37, 32(1) etc. In the appeal memo in Form No.35, Point No.12 the appellant has claimed to have filled bill/vouchers of expenses debited in income and expenditure account as additional evidence. However, nothing could be found annexed with appeal memo in ITBA. No reason has been attributed, as well, for not furnishing the details as called for by the AO, during assessment. From the above conduct of the assessee, it is clear that the appellant is not interested in prosecuting its appeal. In the event, I have no reason to interfere wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registration under section 1 2AA of the Income-tax Act, the benefit of sections 11 and 12 of the said Act shall be available in respect of any income derived from property held under trust in any assessment proceeding for an earlier assessment year which is pending before the Assessing Officer as on the date of such registration, if the objects and activities of such trust or institution in the relevant earlier assessment year are the same as those on the basis of which such registration has been granted. 8.4 Further, it has been provided that no action for reopening of an assessment under section 147 of the Income-tax Act shall be taken by the Assessing Officer in the case of such trust or institution for any assessment year preceding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l but there was no compliance of the assessee at any stage. 9.2 Before the tribunal, the assessee has taken a fresh grounds regarding applicability of section 12AA of the Act, where the benefits of section 11 and 12 of the said Act shall be available in respect of any income derived from property held under trust in any assessment proceedings for an earlier assessment year which is pending before the AO as on the date of such registration. 9.3 Moreover, the CBDT Circular No. 01/2015 dated 21.01.2015 has also been cited by the ld. AR to argue the point that insertion of first proviso to section 12A(2) of the Act w.e.f. 01.10.2014 should be read as retrospective in operation. 9.4 We find that this issue has neither been raised nor consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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