R.B. Gautam Sewa Sansthan v. JCIT, Range-2, Ghaziabad
[Citation -2016-LL-0928-39]
| Citation | 2016-LL-0928-39 |
|---|---|
| Appellant Name | R.B. Gautam Sewa Sansthan |
| Respondent Name | JCIT, Range-2, Ghaziabad |
| Court | ITAT-Delhi |
| Relevant Act | Income-tax |
| Date of Order | 28/09/2016 |
| Assessment Year | 2010-11 |
| Judgment | View Judgment |
| Keyword Tags | disallowance of depreciation • exempted income |
| Bot Summary: | Succinctly, the facts of the case are that the assessee filed return declaring Nil income. The AO examined the assessee s claim in terms of section 11 and made disallowance of depreciation amounting to Rs.19,38,802/-. CIT(A) rejected the assessee s contention vide para 5.3 of his order by holding that this aspect was raised for the first time before him. The assessee is aggrieved against the decision of the ld. CIT(A) did not grant such exemption by finding that this claim was made for the first time during the appellate proceedings, the return of income clearly mentions the assessee s claim u/s 10(23C)(iiiad). A copy of such 2 ITA No.1904/Del/2016 return is available on record from which it is discernible that the assessee did make a claim for exemption u/s 10(23C)(iiiad). Since such claim needs to be examined on merits, I am of the considered opinion that the ends of justice would meet adequately if the impugned order is set aside and the matter is restored to the file of AO. I order accordingly and direct him to examine the assessee s claim for exemption u/s 10(23C)(iiiad) and consequently frame the assessment. |