CAWNPORE CARES SOCIETY,KANPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, WARD- 1(1), KANPUR

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ITA 515/LKW/2018Status: DisposedITAT Lucknow08 March 2019AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was eligible for exemption under Section 10(23C)(iiid) and that the basic exemption limit was not considered. Therefore, the issue was remitted back to the Assessing Officer for a fresh assessment.

What were the facts?

The assessee claimed exemption under Section 11 of the Income Tax Act by mistake, as it was not registered under Section 12A. However, it was eligible for exemption under Section 10(23C)(iiid) due to its gross receipts being less than Rupees One Crore. The Assessing Officer taxed the gross receipts without considering the basic exemption limit.

What were the issues?

Whether the assessee is eligible for exemption under Section 10(23C)(iiid) and whether the basic exemption limit should be considered when taxing its income.

Which sections of the Income-tax Act were involved?

Section 11,Section 10(23C)(iiid),Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW

Before: SHRI A. D. JAIN & SHRI T. S. KAPOOR

For Appellant: Shri Rakesh Garg, Advocate
For Respondent: Shri C. K. Singh, D.R
Hearing: 28/02/2019Pronounced: 08/03/2019

I.T.A. No.515/Lkw/2018 Assessment Year:2015-16 1

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘B’, LUCKNOW

BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER

ITA No.515/Lkw/2018 Assessment Year:2015-16

Cawnpore Cares Society, Vs. A.C.I.T., 15/201, Civil Lines, Ward-1(1)(1), Kanpur. Kanpur. PAN:AABTC 8305 M (Appellant) (Respondent)

Appellant by Shri Rakesh Garg, Advocate Respondent by Shri C. K. Singh, D.R. Date of hearing 28/02/2019 Date of pronouncement 08/03/2019

O R D E R PER T. S. KAPOOR, A.M.

This is an appeal filed by the assessee against the order of learned CIT(A)-I, Kanpur dated 10/05/2018 pertaining to assessment year 2015- 2016.

2.

Learned A. R., at the outset, submitted that the assessee filed its return of income claiming exemption u/s 11 of the Act. It was submitted that the assessee had claimed exemption u/s 11 by mistake as the assessee was not registered u/s 12A however, the assessee being engaged in the running of school was eligible for exemption u/s 10(23C)(iiid) of the Act as the gross receipt of the assessee was less than Rupees One Crore, which is apparent from pages 47 & 48 of the paper book where a copy of balance sheet and profit & loss account is placed. Learned A. R. submitted that CPC had taxed the total gross receipts amounting to Rs.1,85,189/- as its net

I.T.A. No.515/Lkw/2018 Assessment Year:2015-16 2

income and had calculated tax thereon which again is wrong as even if it was to be considered as AOP, the basic exemption limit of Rs.2,50,000/- was to be considered and therefore, also no tax would have been payable by the assessee.

3.

Learned D. R., on the other hand, supported the orders of the authorities below.

4.

We have heard the rival parties and have gone through the material placed on record. We find that copy of profit & loss account and balance sheet is placed at pages 47 & 48 of the paper book. The gross receipt as per profit & loss account page 48 is Rs.1,85,189/- and after claiming certain expenses, there is net loss of Rs.97/-. The assessee by mistake had claimed exemption u/s 11 of the Act to which it was not entitled as it was not registered u/s 12AA of the Act but the assessee was eligible to avail exemption u/s 10(23C)(iiid) of the Act as the gross receipts of the assessee is less than Rupees One Crore. We further find that the basic exemption limit has also not been considered in the case of the assessee and tax has been calculated on the gross receipts which is not justified. Therefore, we deem it appropriate to remit the issue back to the file of Assessing Officer who should look into the issue and should pass appropriate order after considering the eligibility of the assessee u/s 10(23C(iiid) of the Act.

5.

In the result, the appeal of the assessee stands allowed for statistical purposes.

(Order pronounced in the open court on 08/03/2019)

Sd/. Sd/. ( A. D. JAIN ) ( T. S. KAPOOR ) Vice President Accountant Member Dated:08/03/2019 *Singh

I.T.A. No.515/Lkw/2018 Assessment Year:2015-16 3

Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow Assistant Registrar

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