ALL INDIA STEEL REROLLERS ASSOCIATION,NEW DELHI vs. INCOME TAX OFFICER, WARD EXEMPT 1(1), DELHI, NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2019-20, arises against the CIT(A)/NFAC
DIN
&
order
No.
ITBA/NFAC/S/250/2024-25/1071650728(1) dated 28.12.2024, in proceedings u/s 154 of the Income Tax Act, 1961 (in short
“the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing with the able assistance coming from both the parties that the learned lower authorities have added an amount of Rs.24,99,982/-, in the CPC’s section 143(1) processing as reiterated in it’s section 154 rectification dated 07.12.2022 and upheld in the lower appellate discussion. All India Steel Rerollers Association
2
4. It is in this factual backdrop that the learned counsel representing assessee fairly concedes that it is indeed not entitled processing section 11
exemption available to a registered trust for want of filing of tax audit report prescribed in the Income Tax Rules. His next plea is that given the fact that the assessee has been held as assessable for it’s entire gross receipts by the learned lower authorities, it has been declined the benefit to corresponding deduction representing business expenditure which is not disputed by the Revenue side.
This being the clinching factual position, the assessee’s instant latter substantive grievance is hereby restore back to the learned assessing authority for it’s appropriate afresh adjudication subject to a rider that the assessee shall plead and prove all of it’s entire business expenditure at it’s own risk and responsibility, in consequential proceedings. The Revenue’s vehement contentions supporting assessment of the assessee’s entire gross receipts is hereby declined in principle in foregoing terms. All India Steel Rerollers Association
3
6. This assessee’s appeal is allowed for statistical purposes.
Order Pronounced in the Open Court on 21/07/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 21/07/2025
*Subodh Kumar, Sr. PS*