SHREE PIYUSHPANI STHAPATYA SANGRAHALAY TRUST,MUMBAI vs. ITO, EXEMPTION 2(3), , MUMBAI

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ITA 3104/MUM/2024Status: DisposedITAT Mumbai01 August 2024AY 2022-23Bench: SHRI NARENDRA KUMAR BILLAIYA, HON'BLE (Accountant Member), SHRI RAHUL CHAUDHARY, HON'BLE (Judicial Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal observed that the CIT(A) did not decide the relevant grounds raised by the assessee and that the assessee had also filed a rectification application u/s 154 of the Act which was not acted upon. Accordingly, the Tribunal directed the CIT(A) to decide the application and rectify the mistake apparent from record.

What were the facts?

The assessee preferred two appeals against orders pertaining to AY 2021-22 and 2022-23. The grievance in both appeals relates to the disallowance of expenditure incurred towards the object of the trust. The assessee's appeal before the CIT(A) was dismissed without deciding the relevant grounds.

What were the issues?

Whether the CIT(A) should have decided the grounds related to disallowance of expenditure incurred towards the trust's object and whether rectification u/s 154 was necessary.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K(SMC

Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI RAHUL CHAUDHARY, HON’BLE

For Appellant: Shri Piyus Chaturvedi, A/R
Hearing: 01/08/2024Pronounced: 01/08/2024

O R D E R PER NARENDRA KUMAR BILLAIYA, AM: & 3104/Mum/2024, are two separate appeals preferred by the assessee against two separate orders of ld. CIT(A)/Addl./JCIT(A)-1 Bengaluru, dt. 29/03/2024 pertaining to AY 2021-22 and 2022-23 respectively.

2.

Since the grievance is common in both the appeals and since the underlying facts are identical, both the appeals are disposed of by this common order, for the sake of convenience and brevity.

3.

The common grievance in both the appeals relates to the disallowance made by CPC on expenditure incurred towards the object of the trust. The quantum may differ.

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