MOMIN MEDICAL CHARITABLE TRUST,PATAN vs. THE INCOME TAX OFFICER,EXEMPTION, PALANPUR

Brief facts of the case is the assessee is a charitable trust registered u/s.12AA of the Act. For the A.Y. 2014-15, assessee filed its return of income showing gross receipt of Rs.2,07,76,093/-, which (Momin Medical Charitable Trust vs. ITO) A.Y. 2014-15 were utilized towards the objects of the trust. However, the assessee inadvertently claimed exemption u/s. 10(23C) of the Act instead of Section 11 of the Act. The return of income was processed by CPC on 02.02.2016 denying the benefit u/s.10(23C) of the Act and demanded a tax of Rs.4,31,560/-. Immediately thereafter, the assessee filed rectification application u/s.154 of the act on 16.06.2016 explaining the error. However, there was no action against the rectification application, therefore, one more application dated 07.12.2022 was filed on 14.12.2022. The same was rejected stating the rectification application is filed beyond four years period as prescribed u/s.154(7) of the Act.

Aggrieved against the same, the assessee filed an appeal before the Ld. CIT(A) who has confirmed the addition on the ground that the assessee failed to produce the copy of original rectification application, however, only submitted the screenshot which doesn’t reveal the name or PAN number of the applicant, details of order and issues therein which sought to be rectified or the reason for seeking such rectification. Ld. Counsel appearing for the assessee drawn our attention to Page No.18 of the paper book wherein the computer generated acknowledgement receipt for the rectification application filed on 26.05.2016, the same is reproduced as follows: