DY.CIT (E) -2(1), MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

ITA 1830/MUM/2022Status: DisposedITAT Mumbai30 September 2022AY 2010-11111 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that exemption under Section 11 can be denied only to the extent of the violation of Section 13. The matter was restored to the Assessing Officer to determine the specific portion of income affected by the violation, and also to examine if such income is taxable in the hands of the specified persons.

What were the facts?

The assessee, Mumbai Education Trust, was found to have used its property for the benefit of specified persons, violating Section 13 of the Income Tax Act. The Assessing Officer denied exemption under Section 11 on the entire income, while the CIT(A) held that exemption should only be denied to the extent of the violation.

What were the issues?

Whether violation of Section 13 leads to denial of exemption under Section 11 on the entire income or only on the part of income used for the benefit of specified persons. Whether dividend income is eligible for exemption under Section 10 despite violation of Section 13.

Which sections of the Income-tax Act were involved?

Section 13,Section 11,Section 12,Section 147,Section 143(3),Section 148,Section 56(2)(vii),Section 28(iv),Section 10(33),Section 10(34)

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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI PRASHANT MAHARISHI, AM & SHRI RAHUL CHAUDHARY, JM

For Respondent: Ms. Achal Sharma CIT DR
Hearing: 22.09.2022Pronounced: 30.09.2022

PER BENCH :-

01.

These are four appeals filed by the Dy. Commissioner of Income-tax (Exemption), 2(1)(1), Mumbai, (the learned Assessing Officer) against the order passed by the National Faceless Appeal Centre, Delhi, wherein the appeal of the assessee filed against the assessment order passed under Section 143(3) read with section 147 of the Act dated 31st March, 2016, were partly allowed. ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12

02.

Facts related to all other three appeals for A.Y. 2009-10 to 2011-12 are identical.

03.

Facts for A.Y. 2008-09 shows that assessee filed its

The order continues below.

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