CHILDREN WELFARE SOCIETY,FARIDABAD vs. DCIT(EXEMPTION) CIRCLE-2, CHANDIGARH

ITA 1368/DEL/2020Status: DisposedITAT Delhi29 October 2024AY 2015-16Bench: SHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI YOGESH KUMAR US (Judicial Member)18 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(A) exceeded his powers of enhancement by introducing a new source of income. It also found that the assessee trust had applied sufficient income for charitable objects, satisfying the conditions for exemption under Section 11.

What were the facts?

The assessee trust, formed in 2014, had its application for registration under Section 12AA rejected. The Assessing Officer treated the excess of income over expenditure as taxable income. The CIT(A) confirmed this and further enhanced the income by treating certain building and amalgamation funds as revenue receipts.

What were the issues?

Whether the CIT(A) can enhance income by introducing a new source of income, and whether the assessee trust is eligible for exemption under Section 11 despite the rejection of its 12AA registration.

Which sections of the Income-tax Act were involved?

Section 11,Section 12AA,Section 250(6),Section 251(1)(a)

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Income Tax Appellate Tribunal, DELHI BENCH “B” DELHI

For Appellant: Shri Pavan Ved, Adv, Shri Mohit Gupta, CA &, Shri Mirza Baig, CA
For Respondent: Shri Narpat Singh, Sr. DR
Hearing: 08.10.2024Pronounced: 29.10.2024

PER PRADIP KUMAR KEDIA, AM:

ITA No. 1369/Del/2020: A.Y. 2015-16 – Children Welfare Trust

The captioned appeal has been filed at the instance of the assessee against the first appellate order passed under Section 250(6) of the Income Tax Act, 1961 (the Act) by the Commissioner of Income Tax (Appeals), Faridabad [CIT(A)] dated 28.02.2020 which, in turn, arises from the assessment order dated 26.12.2017 passed under Section 143(3) of the Act for the AY 2015-16 in question.

2.

The grounds of appeal raised by the assessee read as under:

1) “That having regar

The order continues below.

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