SHRI ISHWARLAL GULABCHAND VARDHAMANTAP AYAMBIL TRUST,PUNE vs. ITO WARD 7(1), PUNE

ITA 1287/PUN/2025Status: DisposedITAT Pune22 July 2025AY 2023-24Bench: DR. MANISH BORAD (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the omission in Section 11(2)(c) was a substantive amendment and not retrospective. Therefore, the accumulated funds from FY 2016-17 could be applied within the extended period, making the disallowance by the CPC incorrect.

What were the facts?

The assessees, charitable trusts, claimed unspent amounts from their FY 2016-17 accumulations. The CPC disallowed these claims, considering them as prima facie adjustments under Section 143(1) based on an omission in Section 11(2)(c). The CIT(A) upheld these disallowances.

What were the issues?

Whether the omission in Section 11(2)(c) of the IT Act should be applied retrospectively, and if a debatable issue regarding the application period of accumulated funds can be a prima facie adjustment under Section 143(1).

Which sections of the Income-tax Act were involved?

Section 11,Section 143(1)

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Income Tax Appellate Tribunal, PUNE BENCHES “SMC”, PUNE

Before: DR.MANISH BORAD

For Appellant: Shri Pramod S. Shingte, Shri Deepak Kumar Kedia
Hearing: 09.07.2025Pronounced: 22.07.2025

Heard together (2 matters)

ITA Nos.1287/PUN/2025
ITA Nos.1288/PUN/2025

Read from the judgment's own cause title. This page is filed under one of them.

The captioned appeals at the instance of two different assessees are directed against the separate orders dated 11.04.2025 and 18.03.2025 of National Faceless Appeal Centre, Delhi passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of the respective Intimation Orders passed u/s.143(1) of the Act.

2.

Since common issues have been raised in both the impugned assessment years, I proceed to dispose these appeals b

The order continues below.

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