NANDLAL SHARMA CHARITABLE TRUST,KOLKATA vs. ITO(EXEMPTION), KOLKATA

We first take up ITA No. 356/Kol/2023 for adjudication.

Though the assessee has raised various grounds of appeal but the sole grievance of the assessee is that the CPC erred in not giving the deduction of the amount applied during the year at Rs.5,94,448/-.

We have heard rival contentions and perused the material available on record. We notice that the assessee is a charitable trust. Due date of filing the return for Assessment Year 2018-19 is & Nandlal Sharma Charitable Trust 30/09/2018. Assessing filed the return of income on 30/10/2018 and the same was delayed. This fact is not disputed. During the year the gross receipts of the assessee were Rs.6,05,000/- and Rs.5,94,448/-, was applied for charitable purposes. Since the assessee did not file the return of income before the due date, assessee was not eligible for exemption u/s 11 of the Act. The CPC in its intimation dated 21/05/2019, denied the same and made the addition of Rs.5,94,448/-. The plea of the ld. Counsel for the assessee is that even if the assessee is not considered as a charitable trust for the purpose of completing the assessment for the year under appeal, the expenditure claimed during the year ought to have been allowed against the gross receipts.

We find merit in the contention of the assessee and as has been held consistently by various Hon’ble Courts, that even in case benefit of Section 11, is not granted to the assessee and it is not deemed to be registered under section 12A of the Act, even then for that particular year the expenditure incurred during the year should be allowed to be set off against the gross receipts. We, therefore, are inclined to hold that the assessee deserves set off of Rs.5,94,448/-being the expenditure incurred during the year and the same is well supported by the audit report filed for the year. Thus, appeal of the assessee for Assessment Year 2018-19 is allowed as per the terms indicated hereinabove.

Now we take up ITA No. 357/Kol/2023, wherein also similar issue has raised and against the gross receipts of Rs.2,42,500/-, assessee has incurred expenditure of Rs.2,40,920/-towards charitable purposes and the same has not been allowed to the assessee on the & Nandlal Sharma Charitable Trust ground that return of income has been filed beyond the due date of filing of return. We, however, after considering the submissions of the ld. Counsel for the assessee notice that in the intimation u/s 143(1) of the Act for Assessment Year 2019-20, the system itself indicates that the date for filing of original return of income was extended to 31/10/2019. Further we find that the assessee filed return of income on 30/10/2019, which was well before the due date. Therefore, the ground on which the CPC has denied the benefit of application of fund to the assessee is in itself invalid. Therefore, since the assessee has filed return of income before the due date provided u/s 139(1) of the Act, the assessee is eligible to claim benefit of Section 11 of the Act being a registered trust u/s 12A of the Act. Thus, the impugned addition is deleted and the grounds of appeal raised by the assessee are allowed.

In the result, both these appeals of the assessee are allowed. Order pronounced in the Court on 6th September, 2023 at Kolkata. (SANJAY GARG) ACCOUNTANT MEMBER Kolkata, Dated 06/09/2023 *SC SrPs & Nandlal Sharma Charitable Trust आदेश क" "ितिलिप अ"ेिषत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant

""यथ" / The Respondent 3. संबंिधत आयकर आयु" / Concerned Pr. CIT 4. आयकर आयु" अपील ( ) / The CIT(A)- 5. िवभागीय "ितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाड" फाई/ Guard file.