GRAM UTTHAN,KENDRAPARA vs. ACIT, EXEMPTION CIRCLE, BHUBANESWAR

It was submitted by the ld. AR that the assessee is a charitable trust which has been granted registration u/s.12A of the Act on 19.11.2004 and recognition u/s.80G of the Act on 28.06.2016 w.e.f.23.12.2015. It was the submission that for the impugned assessment year when the assessee filed its return of income in the personal information under the column date of formation/incorporation the assessee had entered the date of creation of the trust in place of the date of registration u/s.12A of the Act. It was the submission that all other information to substantiate its claim of Form 10B along with the audit report had been complied with. It was the submission that the return filed by the assessee came to be processed u/s.143(1) of the Act wherein the assessee was not granted the benefit of exemption u/s.11 & 12 of the Act as the date of registration u/s.12A of the Act had been mistakenly/wrongly incorporated to be the date of creation of the assessee trust. It was the submission that when this mistake was noticed the assessee had attempted to file revised return on two occasions but the same were rejected as invalid as the returns were filed beyond the statutory time limit provided. Consequently, the assessee had filed an e- nirvan petition on 28.06.2014 and the same was treated as a rectification application u/s.154 of the Act by the AO and the same came to be disposed off vide an order dated 02.03.2021, wherein the rectification application was rejected on the ground that there is no mistake apparent from the record, which enabled the AO to drop the amount demanded. It was the submission that on appeal, the ld.CIT(A) upheld the rejection made u/s.154 of the Act by the AO. It was the submission that the assessee having been registered u/s.12A of the Act and having been granted recognition u/s.80G of the Act and the assessee having also filed all details in its return as a charitable organization and even having filed the requisite Form 10B along with audit report, the mistake in entering the date of creation of the assessee trust as against the date of registration u/s.12A of the Act was a mistake apparent from the record, which was liable to be rectified. It was the prayer that the AO may be directed to