BUDDHAS LIGHT CHARITABLE TRUST,BODHGAYA vs. INCOME TAX OFFICER, PATNA

ITA 255/PAT/2026Status: DisposedITAT Patna31 August 2026AY 2023-246 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the tax should be levied on real income and that the assessee had incurred a loss. Given the circumstances, the Tribunal decided to remit the issue back to the Assessing Officer for fresh consideration.

What were the facts?

The assessee, Buddhas Light Charitable Trust, had its registration under section 12AB cancelled. The Assessing Officer treated the entire receipts of Rs. 10,81,490/- as unexplained credits under section 115BBE, despite the trust incurring expenditures exceeding this amount.

What were the issues?

Whether the entire receipts of a charitable trust, whose registration was cancelled, should be treated as unexplained credits without considering the actual expenditure incurred, and whether the tax should be levied on gross receipts or real income.

Which sections of the Income-tax Act were involved?

Section 115BBE,Section 143(3),Section 12AB,Section 11,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

For Appellant: Shri Kunj Bihari Pathak, CA
For Respondent: Shri Ravi Kant Chowdhary, Sr. DR
Hearing: 27.07.2026Pronounced: 31.08.2026

PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

This is an appeal filed by the assessee against the order passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld. CIT(A)] dated 13.02.2026, DIN & order No. ITBA/NFAC/S/250/2025- 26/1085984548(1) on the following grounds of appeal:

2 Buddhas Light Charitable Trust “1. That on the facts and in the circumstances of the case and in law, the order passed by the Learned Co

The order continues below.

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