SOFTWARE POINT,BHABA NAGAR vs. ITO, EXEMPTION, BERHAMPUR

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ITA 6/CTK/2023Status: DisposedITAT Cuttack03 May 2023AY 2018-193 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since there was no specific provision in the return to show the computation of exemption under Section 10(23C)(iiiad), the disallowance made in the intimation under Section 143(1) was not permissible. The adjustment made in the intimation was set aside.

What were the facts?

The assessee, an educational institution, claimed exemption under Section 10(23C)(iiiad) of the Income Tax Act. The return form lacked a specific column for this exemption computation, leading the assessee to use other columns. The intimation under Section 143(1) disallowed the claim, citing lack of registration under Section 12A/12AA.

What were the issues?

Whether a claim for exemption under Section 10(23C)(iiiad) can be disallowed in an intimation under Section 143(1) when the return form does not provide a specific column for its computation.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 12A,Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH CUTTACK

Before: SHRI GEORGE MATHAN

Hearing: 03/05/2023Pronounced: 03/05/2023

O R D E R This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 16.11.2022, passed in DIN & Order No.ITBA/NFAC/S/250/2022- 23/1047441377(1), for the assessment year 2018-2019.

2.

It was submitted by the ld. AR that the assessee had filed his return of income for the relevant assessment year on 10.10.2018. It was the submission that the assessee is running an educational institution. The assessee has been claiming exemption u/s.10(23C)(iiiad) of the Act. It was the submission that in the return filed, there was no provision available for showing the computation of the exemption u/s.10(23C)(iiiad) of the Act. Therefore, the assessee left with no other alternative, filled column No.3 & 4 of the return which was in regard to the aggregate of income referred to in sections 11, 12 and sections 10(23C)(iv), 10(23C)(v), 10(23C)(vi) & 10(23C)(via) of the Act. In column No.4, the 2 assessee has shown that the application and in column 7 the total was computed and the difference of Rs.9697/- has been shown in column 9(c) as exemption u/s.10(23C)(iiiad) of the Act. It was the submission that the return filed by the assessee came to be processed and an intimation came to be issued u/s.143(1) of the Act on 26.09.2019, wherein the claim of application of Rs.3,37,713/ came to be disallowed on the ground that the assessee did not have registration u/s.12A & 12AA of the Act. It was the submission that as there was no provision for showing the computation of the exemption claimed u/s.10(23C)(iiiad) of the Act, it cannot be said that there was any mistake apparent from the record or there was any incorrect claim apparent from the information in the return. It was the submission that the assessee does not have registration u/s.12A, 12AA of the Act and the assessee has never claimed for the exemption u/s.11 or 12 of the Act. It was the submission that as the assessee was running an educational institution and its turnover was below Rs.1 crore, the assessee had rightly claimed its income to be exempted u/s.10(23C)(iiiad) of the Act. It was the prayer that the intimation as issued may be quashed.

3.

In reply, ld. Sr. DR submitted that it was the incumbent upon the assessee to show the calculation of the deduction u/s.10(23C)(iiiad) of the Act in its return and as the assessee has not shown the expenses in the appropriate clauses, it was an incorrect claim which had been disallowed in the intimation u/s.143(1) of the Act.

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