SHRI NATHJI CHARITABLE TRUST,KOLKATA vs. DCIT, CPC, BANGALORE

The sole issue raised, in this appeal, by the assessee-appellant is that the ACIT/CPC while processing the return of the assessee u/s 143(1) of the Act due to some fault in the software of the CPC, has treated the claim of application of income on charitable activities, income accumulated or set apart for application of charitable activities, and the amount accumulated for set apart for specified purpose etc. has been at zero by the software/computer system of CPC as against the claim of the assessee of application/accumulation of total amount of Rs.38,79,660/-. The ld. Counsel for the assessee has further invited our attention to paper book page 39-40 to submit that even in respect of assessment year 2013-14 also, the said application/accumulation of the income Assessment year: 2014-15 Shri Nathji Charitable Trust was disallowed by the computer system of CPC. Under similar circumstances, in an appeal filed by the assessee, the ld. CIT(A) vide order dated 22.05.2018 passed in has directed the Assessing Officer to verify the aforesaid facts and if on verification, it is found that the application/accumulation of income claimed to have made by the assessee-trust has been rightly utilized/accumulated as per the relevant provisions of the Act, then the claim of the assessee for application/setting apart/deemed application/accumulation etc. may be allowed. The fact being similar in this appeal also, the impugned order of the CIT(A) is set aside and the matter is restored to the file of the Assessing Officer with similar directions to examine the claim of the assessee of application of income for charitable purposes/deemed application/accumulated or set apart as per the provisions of the Act and if found correct, the Assessing Officer to allow the same.