INCOME TAX OFFICER, CHENNAI vs. THE THEOSOPHICAL SOCIETY, CHENNAI
What did the Tribunal hold?
The Tribunal held that since the assessee society was notified under Section 10(23C) of the Act, the conditions prescribed under Section 13 are not applicable. Therefore, the AO could not make disallowances under Section 11.
What were the facts?
The revenue appealed against the CIT(A)'s order which deleted additions made by the Assessing Officer. The assessee society, notified under Section 10(23C)(iv) and registered under Section 12A, had its exemption denied by the AO for alleged violation of Section 13(1)(c).
What were the issues?
Whether the AO was justified in invoking Section 13(1)(c) and denying exemption under Section 11 when the assessee was notified under Section 10(23C)(iv)?
Which sections of the Income-tax Act were involved?
Section 13(1)(c),Section 13(3)(b),Section 11,Section 10(23C)(iv),Section 12A(a)
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Cases cited in this judgment(2)Show listHide list
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- ITO v. Virender Singh Memorial Shiksha Samiti11 citing35 SOT 1 · ITAT
- Commissioner of Income-Tax v. SEETHAKATHI TRUST9 citing295 ITR 520 · 2007 · HC
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGH, HON’BLE & SHRI S. R. RAGHUNATHA, HON’BLE
PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:
This appeal filed by the revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2014-15 dated 12.01.2024. 2. The revenue has filed the following grounds of appeal:
“1. Whether the ld.CIT(A) was right in holding that the Assessing Officer was not justified in invoking section 13(1)(c)
:-2-: ITA. No: 624/C
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