In case of no contrary view by superior and in the absence of supporting document exemption under sec 11 is allowed

Last updated: 13 June 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO tog grant exemption u/s. 11 of the I.T Act to the assessee trust when the order dt. 31.12.2008 u/s. 12AA(3) of the Act has been appealed before the Hon’ble High Court u/s. 260A of the Act and is not conclusive at this point of time. In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO to grant exemption u/s. 11 of the IT Act to the assessee when the status of the assessee that was held as “AOP” for the reasons as discussed in the assessment order was not challenged by the assessee

Citation :
A.C.I.T,CC-XXIII, Kolkata (APPELLANT) -Versus- M/s. Guru Nanak Educational Trust PAN: AAATG 6799C (RESPONDENT)