M/S RATLAM MAA SHARDA UCHCH SHIKSHA SAMITI,RATLAM vs. THE CIT(EXEMPTION), BHOPAL

ITA 35/IND/2017Status: DisposedITAT Indore16 January 2018AY 2016-178 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the CIT(Exemption) erred in rejecting the applications as premature. Relying on a Punjab and Haryana High Court judgment, the Tribunal found that applications could be filed even before April 1st of the relevant assessment year.

What were the facts?

The assessee societies filed applications for exemption under Section 10(23C)(vi) of the Income Tax Act. The CIT(Exemption) rejected these applications, holding that they were filed prematurely as they were submitted before the commencement of the financial year for which exemption was sought.

What were the issues?

Whether an application for exemption under Section 10(23C)(vi) filed before the commencement of the financial year is considered premature.

Which sections of the Income-tax Act were involved?

Section 10(23C)(vi)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI KUL BHARAT & SHRI MANISH BORAD

For Appellant: Shri Kaide Kangsawala & T. H. Khamosi
For Respondent: Shri Lal Chand, CIT-DR
Hearing: 11.01.2018Pronounced: 16.01.2018

PER KUL BHARAT, J.M: Both appeal by the Assessee are directed against the order of Ld. Commissioner of Income Tax(Exemption), Bhopal, (in short ‘CIT(E)’), dated 17.01.2017 for the A.Y. 2016-17. Ratlam Ahinsa & Maa Sharda Shiksha Samit

First we take up ITA No.34/Ind/2017, Ratlam Ahinsa Shiksha Samiti The assessee has raised following grounds of appeal as under:

1.

Your appellant Prays for the following: • on the facts and in the circumstances of th

The order continues below.

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