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Income Tax - Highlights / Catch Notes

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The case involves issues related to exemption u/s. 11, 12 & 13. ...


Assessment issues discussed - Assessee status as "State" considered - Assessor's duty to assist taxpayers

Case Laws     Income Tax

June 18, 2024

The case involves issues related to exemption u/s. 11, 12 & 13. The appellant lacked registration u/s. 12A, and no pending appeal existed. The status of the appellant as a "State" was scrutinized. The ITAT found the Assessing Officer's interpretation of limiting examination to registration u/s. 12A as flawed. The appellant, a renowned government hospital, was denied benefits due to lack of registration, despite eligibility under other provisions. The ITAT restored the case for fresh assessment, permitting the appellant to raise new claims. Citing Goetze (India) Limited case, the AO was directed to consider any fresh claim, even if not previously raised. The appeals were partly allowed for statistical purposes.

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