GAWAR FOUNDATION,HARYANA vs. ITO (EXEMPTIONS), ROHTAK

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ITA 2808/DEL/2019Status: DisposedITAT Delhi11 August 2021AY 2015-163 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee was granted registration under Section 12AA retrospectively from AY 2015-16, its income should be computed under Sections 11 and 12. Therefore, the disallowance under Section 40(a)(ia) was not applicable.

What were the facts?

The assessee, a charitable trust, failed to produce its registration certificate under Section 12AA during assessment, leading to its status being considered as AOP (business). Consequently, a cash payment was disallowed under Section 40(a)(ia). Subsequently, the assessee obtained registration under Section 12AA from AY 2015-16.

What were the issues?

Whether the disallowance under Section 40(a)(ia) is applicable when the assessee is granted retrospective registration under Section 12AA and its income is to be computed under Sections 11 and 12.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 11,Section 12,Section 12AA

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Naveen Gupta, Adv
For Respondent: Shri R. K. Gupta, Sr. DR
Hearing: 11/08/2021Pronounced: 11/08/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal is filed by the assessee against the order of the ld CIT(A)-Hisar, dated 31.01.2019 for Assessment Year 2015-16 raising following grounds of appeal:- “1) That on the facts, in the circumstances of the case and under law Learned Commissioner of Income Tax (Appeals) erred in not deleting disallowance made by Learned Assessing Officer under S. 40(a)(ia) of Income Tax Act, 1961 at Rs. 37,800/- because the appellant does not fall within the preview of this section. 2) That on the facts, in the circumstances of the case and under law Learned Commissioner of Income Tax (Appeals) erred in sustaining the action of Learned Assessing Officer in charging tax @30% on income assessed at Rs. 3,95,610/- (net surplus at Rs. 3,57,810/- and disallowance made at Rs. 37,800/-) from appellant at maximum marginal rate whereas the appellant was assessed in AOP status and as such slab rate of tax as applicable to the individual shall be applicable to the appellant. 3) That on the facts, in the circumstances of the case and under law Learned Commissioner of Income Tax (Appeals) erred in sustaining action of Learned Assessing Officer in charging interest at Rs. 38,089/- from appellant assessee. 4) That appeal fee as prescribed under S. 253(6)(c) of Income Tax Act, 1961 at Rs. 4,000/- has been deposited on 25-03-2019 with Punjab National Bank, Hisar.

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