9911796707
TMI Blog2025 (3) TMI 587X X X X Extracts X X X X X X X X Extracts X X X X ..... si vs. CIT [1970 (2) TMI 45 - BOMBAY HIGH COURT].
There is also no indication in the Revenue's instant appeal about the foregoing compliance of sec.143(3) 1st proviso (i) and (ii) by the AO. We thus accept the assessee's foregoing legal arguments in principle and reject the Revenue's instant appeal in very terms. Ordered accordingly. X X X X Extracts X X X X X X X X Extracts X X X X ..... n addition of Rs. 17,42,65,930/- as income of the appellant by the Ld. Assessing officer. The assessing officer in his assessment order has highlighted that the assessee has not fulfilled the conditions prescribed by Ld. Chief Commissioner of Income Tax, Pune. This mainly included non-following of condition of admission being open to members of public on the basis of merit without any protectionism. The appellant has contended that he was not given proper opportunity to put forth his submission and no show-cause notice was given to him to this effect. The grievance of the assessee is hereby redressed since all the contentions are being considered herewith and he has been given enough opportunities to contest the impugned additions. It is pertinent to mention that the Ld. AO has not adduced any evidence to buttress his contention that the appellant did not fulfill the seven conditions laid by Ld. CCIT by granting it the exemption certificate u/s 10(23C)(vi). It is my considered view that all the seven conditions as highlighted on page no.2 &3 of the Ld. AO's order have not been controverted by the AO by any evidence to this effect. The AO has only made terse and general obse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d above the above Stated additions of Rs. 1,62,09,861/- and Rs. 54,78,223 are deleted. These grounds of appeals are hereby allowed with direction to the Ld. Assessing Officer to calculate and allow correct claim of depreciation to the appellant thereof 5. In the result, the appeal is allowed." 4. Learned CIT-DR vehemently argued during the course of hearing that the Assessing Officer's sec.143(3) assessment dated 28.03.2016 had rightly held the assessee to have been carrying out commercial activity(ies) u/sec.2(15) 1st proviso of the Act under the last lines of "general public utility" and therefore, not entitled for the impugned exemption. He inter alia, takes us to the impugned assessment discussion disallowing/adding assessee's application, medical insurance and depreciation claim(s) to this effect in very terms. 5. Mr. Patel accordingly submits in light of the Revenue's fifth substantive ground at this stage that the CIT(A)'s above extracted findings under challenge had in fact admitted assessee's additional/fresh evidence without affording any opportunity; much less an adequate one; to the Assessing Officer's and therefore, the matters requires to be restored back to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... society. The assessee had filed its return on 21.9.1993 before grant of such approval and exemption. The proceedings under Section 147 was initiated on 10.4.2003 and notice under Section 148 was issued on 11.9.2003 and the re-assessment order is passed on 28.3.2005, holding that the assessee has not complied with the conditions imposed by C.B.D.T. and therefore, he is not entitled to the exemption. 8. The proviso to Section 143(3) was inserted by way of Finance Act, 2002 w.e.f. 1.4.2003. The said provision reads as under: "Provided that in the case of a - (a) to (d) *** *** *** (e) fund or institution referred to in sub-clause (iv) or trust or institution referred to in sub-clause (v) or any university or other educational institution referred to in sub-clause (vi) or any hospital or medical institution referred to in sub- clause (vii) of clause (23C) of Section 10,which is required to furnish the return of income under sub-section 4(C) of section 139, no order making an assessment of the total income or loss of such scientific research association, news agency, association or institution or fund or trust or university or other educational institution or any hospital or any ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
