SMT VIMLA DEVI RAM LAXMAN SHARMA SHIKSHA SAMITI,AGRA vs. ITO, WARD EXEMTION, AGRA RCC, AGRA
What did the Tribunal hold?
The Tribunal held that an inadvertent mistake in filing the Income Tax Return form should not vitiate the claim. The impugned order was set aside, and the appeal was restored to the CIT(A) to verify the claim under the correct section.
What were the facts?
The assessee filed an appeal for AY 2022-23 against an order from the CIT(A) which arose from an intimation by CPC. The CPC denied a deduction claim due to the assessee claiming it under the wrong section of the Income Tax Act.
What were the issues?
Whether an inadvertent mistake in claiming a deduction under the wrong section vitiates the claim, and if the matter should be remanded for verification under the correct section.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “DB” BENCH, AGRA
Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2022-23 arises out of an order of Addl. / Joint Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Kochi [CIT(A)] dated 27-03-2024 in the matter of an intimation issued by CPC u/s 143(1) on 31-03-2023. The CPC denied deduction claim apparently due to claim made under wrong clause i.e., Sec.10(23C)(iv) instead of Sec.10(23C)(iiiad). The Ld. AR pleaded that the same was due to the oversight and the claim could be ascertained under correct provisions.
We are of the considered opinion that inadvertent mistake in filing Income Tax Return form would not vitiate the claim of the assessee. Accordingly, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for verifying the claim under correct clause which is applicable for the assessee. The assessee is directed to substantiate its case forthwith.
The appeal stand allowed for statistical purposes. Order pronounced on 19th February, 2025.
More judgments on Section 10(23C)(iv)
- Assistant Commissioner of Income Tax… vs Population Services International, DelhiITA 3148/DEL/2026[2018-19]Status: Disposed24 Sept 2026AY 2018-19
- Assistant Commissioner of Income Tax… vs Population Services International, DelhiITA 3147/DEL/2026[2013-14]Status: Disposed24 Sept 2026AY 2013-14
- S M Educational Society, Siliguri vs I.T.O., Exemption, Ward - 2(2), SiliguriITA 527/KOL/2026[2022-2023]Status: Disposed25 Jun 2026AY 2022-2023
- S M Educational Society, Siliguri vs I.T.O., Exemption, Ward - 2(2), SiliguriITA 526/KOL/2026[2021-2022]Status: Disposed25 Jun 2026AY 2021-2022
- Nirmal Bharat Foundation, Pune vs Exemption Ward 1(2), PuneITA 3133/PUN/2025[2018-19]Status: Disposed9 Jun 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Jashwant Sharma vs. The Union Of INDIA And A4 OrsGauhati · 14 Oct 2026
- Tvl. Jeyarani Shopping Centre vs. The Deputy State Tax Officer -1/The Deputy Commercial Tax OfficerMadras · 14 Oct 2026
- Rohan Tanna vs. Directorate General Of Goods And Services Tax IntelligenceChhattisgarh · 14 Oct 2026
- Dipak Saikia vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Saraswati Phukan vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026