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Income Tax Appellate Tribunal, “SMC BENCH”, RANCHI
Before: SHRI GEORGE MATHAN
(निर्धारण वर्ा / Assessment Year :2023-2024) Dhukhi Sah Memorial Vs. ITO Ward-3(3), Dumka Foundation, Sandeepani School, Dukhi Sah road, Near Jhousagarhi, Dhukhi Sah Lane, Deoghar-814112, Jharkhand. स्थायी लेखा सं./PAN No. : AADAD 1606 K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee by : None राजस्व की ओर से /Revenue by : Shri Khubchand T Pandya, Sr. DR सुनवाई की तारीख / Date of Hearing : 25/11/2025 घोषणा की तारीख/Date of Pronouncement : 25/11/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order of the ld. Addl/JCIT(A)-5, Delhi, dated 30.06.2025 for the assessment year 2023- 2024.
None represented on behalf of the assessee. Shri Khubchand T Pandya, Sr. DR appeared on behalf of the revenue.
A perusal of intimation u/s.143(1) of the Act also shows that the CPC has treated the entire receipts of the assessee as its income. The expenditures have not been allowed. This is not permissible. If the exemption is being denied then obviously the income of the assessee would have to be assessed as business income and the expenditures in relation to such business income is liable to be allowed. This being so, as the adjustments are made in the intimation is not falling within the category of the adjustments permissible under the provisions of Section143(1) of the Act, the intimation found to be invalid and consequently the same stands quashed.
In the result, appeal of the assessee is allowed. Order dictated and pronounced in the open court on 25/11/2025.