BIRMOLE MEDICAL FOUNDATION TRUST,PUNE vs. CIT (EXEMPTION), PUNE

ITA 1382/PUN/2025Status: DisposedITAT Pune19 June 2026AY 2020-2114 pages
AI SummaryAllowed

What were the facts?

The assessee, a medical trust, had its assessment order set aside by the CIT under Section 263. The CIT found that the Assessing Officer failed to examine the applicability of Section 13(2)(g) concerning a significant advance made to a related person for property purchase.

What did the Tribunal hold?

The Tribunal held that the Assessing Officer had indeed inquired about the advance made to Dr. Bhagwan Birmole and received a reply from the assessee. Therefore, the assessment order was not erroneous or prejudicial to the revenue's interest, making the revision order invalid.

What were the issues?

Whether the CIT was justified in invoking Section 263 to revise the assessment order when the Assessing Officer had made inquiries regarding the advance to a related party.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B,Section 13(2)(g),Section 13(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI MANISH BORAD & SHRI VINAY BHAMORE

For Appellant: Shri Ajinkya M. Vaishampayan
For Respondent: Shri Amol Khairnar
Hearing: 23.03.2026Pronounced: 19.06.2026

PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 30.03.2025 passed by Ld. CIT, Exemption, Pune for the assessment year 2020-21. 2. The appellant has raised the following grounds of appeal :- “1] The learned CIT (E) erred in setting aside the asst. order passed u/s 143(3) r.w.s. 144B on the ground that the same was erroneous and prejudicial to the interest of the revenue. 2] The learned CIT (E) erred in holding that the learned A.O. had failed to examine the issue regarding the applicability of the provisions of section 13(2)(g) in respect of the amount advanced by the assessee trust to Dr. Bhagwan Birmole and accordingly,

The order continues below.

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