INDIRA GANDHI INSTITUTE OF TECHNOLOGY,SARANGA vs. ITO,EXEMPTION,BHUBANESWAR, BHUBANESWAR

ITA 375/CTK/2024Status: DisposedITAT Cuttack30 January 2025AY 2015-168 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, as a statutory authority, is bound by the literal interpretation of the Income Tax Act and cannot amend or rewrite its provisions. It noted that the CBDT circular relied upon by the assessee did not list its name specifically. The Tribunal held that powers to condone technical violations for refunds lie with the CBDT under Section 119(2)(b), where the assessee had already filed a petition. Finding no error in the orders of the CIT(A) and Assessing Officer, the Tribunal dismissed the appeal.

What were the facts?

The assessee, an educational institution exempt under Section 10(23C) and government-financed, did not file its income return for AY 2015-16, believing it was not required due to exemption and a CBDT circular. After a Section 148A/148 notice for a cash deposit, the assessee filed a 'Nil' return. While the assessment was completed accepting the 'Nil' return, a refund of Rs. 19,09,262/- was denied by the lower authorities because no original return under Section 139(1) was filed.

What were the issues?

Whether a return filed in response to a Section 148 notice can be deemed an original return under Section 139(1) for claiming a refund, especially when the assessee, an exempt entity, relied on a CBDT circular for non-filing, and what powers the Tribunal has in such a case of technical violation.

Which sections of the Income-tax Act were involved?

Section 10(23C),Section 148A,Section 148,Section 143(1),Section 147,Section 144B,Section 139(1),Section 139(4),Section 139(5),Section 119(2)(b),Section 239

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL

For Appellant: Shri Natabar Panda, Adv
For Respondent: Shri S.C.Mohanty, Sr DR, Shri S.C.Mohanty, Sr DR
Hearing: 30/01/20Pronounced: 30/01/20

Per Bench

This is an This is an appeal filed by the assessee against the order of the ld appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated CIT(A), NFAC, Delhi dated 11.7.2024 in Appeal No.NFAC/2014 /2014-15/27.3.2023 for the assessment year essment year 2015-16

2.

Shri Natabar Panda Natabar Panda, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. , Sr. DR appeared for

The order continues below.

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