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Facts
The assessee, an educational trust, filed its return of income for AY 2018-19 declaring a surplus. The income tax intimation charged tax at the Maximum Marginal Rate (MMR) instead of normal slab rates. The assessee's rectification petitions were rejected, and an appeal to the CIT(A) was also dismissed.
Held
The Tribunal held that the assessee, being an institution solely existing for educational purposes and having gross receipts below Rs. 1 crore, qualifies for exemption under Section 10(23C)(iiiad) of the Income Tax Act. Therefore, the assessment at MMR was not justified.
Key Issues
Whether the assessee, an educational trust, is eligible for exemption under Section 10(23C)(iiiad) and whether charging tax at Maximum Marginal Rate is justified.
Sections Cited
10(23C)(iiiad), 250, 143(1), 154, 11, 12AA, 2(15)
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Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA
Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA
Before SHRI SONJOY SARMA, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.: 563/PAT/2024 Assessment Year: 2018-19 Sarvodaya Samaj Kalyan CPC, Bangaluru Sansthan Vs. (Appellant) (Respondent) PAN: AAEAS1257L Appearances: Assessee represented by : N o n e Department represented by : Shri Ashwani Kr. Singal, JCIT Date of concluding the hearing : 13-October-2025 Date of pronouncing the order : 26-November-2025 ORDER