VARAHA LAKSHMI NARASIMHA SWAMY EDUCATIONAL TRUST,VISAKHAPATNAM vs. THE ASST. COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE, VIJAYAWADA, VIJAYAWADA

ITA 216/VIZ/2026Status: DisposedITAT Visakhapatnam24 July 2026AY 2022-236 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(E) could not direct the AO to tax gross receipts when the assessment order was set aside for fresh consideration. The matter was remitted to the AO for a fresh decision after providing the assessee with an effective opportunity.

What were the facts?

The assessee trust filed a revised audit report (Form 10B) late, and the Assessing Officer accepted it without verifying a condonation order. The CIT(E) invoked revisionary powers under Section 263, deeming the assessment order erroneous and prejudicial to revenue.

What were the issues?

Whether the CIT(E) was justified in revising the assessment order under Section 263 due to the late filing of Form 10B without a condonation order. Whether the assessment order was erroneous and prejudicial to revenue.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B,Section 11,Section 12,Section 139(1),Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

PER SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER:

This appeal is filed by the Assessee against the order of the Commissioner Of Income Tax (Exemption) [“Ld.CIT(E)”], Hyderabad vide DIN : ITBA/COM/F/17/2025-26/1083364127(1) dated 05.12.2025 for the Assessment Year (A.Y.) 2022-23. 1

ITA 216/VIZ/2026

2.

The following grounds of appeal are taken by the appellant for the

The order continues below.

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