ACIT(E), CIRCLE- 2(1), NEW DELHI vs. NATIONAL COUNCIL FOR HOTEL MANAGEMENT & CATERING TECHNOLOGY, NOIDA

ITA 6811/DEL/2017Status: DisposedITAT Delhi27 October 2021AY 2012-137 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Assessing Officer incorrectly stated that the assessee had not claimed exemption under Section 10(23)(iiiab). The CIT(A) correctly allowed the claim for exemption, treating the assessee's income as NIL, albeit on different grounds than those argued by the assessee.

What were the facts?

The Revenue appealed against the deletion of additions made on account of provisions for gratuity and prior period expenses. The assessee, a national educational body, claimed exemptions under Section 10(23C)(vi) and Sections 11 & 12, but did not submit Form 10B with its return.

What were the issues?

Whether the assessee was eligible for exemption under Section 10(23C)(vi) or Sections 11 & 12 despite not filing Form 10B with its return. Whether the CIT(A) erred in deleting additions made by the AO.

Which sections of the Income-tax Act were involved?

Section 10(23C)(vi),Section 11,Section 12,Section 12A(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “E” BENCH: NEW DELHI

Before: SHRI R.K.PANDA & SHRI KUL BHARAT

Hearing: 15.09.2021Pronounced: 27.10.2021

PER KUL BHARAT, JM :

This appeal filed by the Revenue pertaining to assessment year 2012-13

is directed against the order of Ld. CIT(A)-I, Noida dated 30.03.2017. The Revenue has raised following grounds of appeal:-

1.

“On the facts and circumstances of the case and in law, Ld.CIT(A) has erred in law in deleting the addition of Rs.1,85,57,807/- and Rs.24,65,628/- made on account of provisions for gratuity and prior period expenses respectively.

2.

On the facts and circumstances of the case and in law, Ld.CIT(A) has erred in allowing the exemptions u/s 11 & 12 even when assessee has not submitted Form 10B alongwith late filing of Income tax Return for A.Y.2012-13. 3. On the facts and ci

The order continues below.

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