DINABANDHU FOUNDATION FOR EDUCATIONAL RESEARCH & SOCIO-ECONOMIC DEVELOPMENT,BHUBANESWAR vs. COMMISSIONER OF INCOME TAX (EXEMPTION), HYDERABAD, HYDERABAD

ITA 122/CTK/2026Status: DisposedITAT Cuttack03 June 2026AY 2022-233 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee failed to specifically point out the purpose of fund utilization and could not dislodge the CIT(E)'s findings. A previous order of a coordinate bench, which found 'purpose of the trust' adequate, was not applicable to an order passed under Section 263.

What were the facts?

The assessee claimed accumulation of funds for the purpose of the trust, including infrastructure development and operating expenses. The CIT(Exemption) found that the accumulated funds were utilized for routine administrative and salary expenses, not for defined objects of the trust.

What were the issues?

Whether the CIT(E) erred in invoking powers under Section 263 when the assessee's stated purpose of accumulation was 'for the purpose of the trust' and whether prior tribunal orders on similar wording were binding.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

Hearing: 03/06/2026Pronounced: 03/06/2026

PerBench: This is an appeal filed by the assessee against the order of CIT(Exemption), Hyderabad in order no.ITBA/COM/F/17/2025- 26/1083363673(A) dated 05/12/2025 for the assessment year 2022-23. 2. Shri P N Dave & M M Rao, ARs appeared on behalf of the assessee and Shri Jeetendra Kumar, CIT-DR represented on behalf of the revenue.

3.

It was submitted by the ld. AR that the Assessing Officer had noted in Form 10 that the purpose of accumulation as ‘for the purpose of trust i

The order continues below.

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