GAWAR FOUNDATION,HARYANA vs. ITO (EXEMPTIONS), ROHTAK
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?
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
O R D E R PER PRASHANT MAHARISHI, A. M.
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.
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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