CHURCH EDUCATIONAL SOCIETY,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(4), HYDERABAD

ITA 395/HYD/2024Status: DisposedITAT Hyderabad14 November 2024AY 2020-21Bench: Manjunatha, G. (Accountant Member), Shri K. Narasimha Chary (Judicial Member)16 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(A) had exceeded his jurisdiction by commenting on issues not before him. It also directed the Assessing Officer to tax only the surplus/profit and not the gross receipts if exemption is ultimately denied, as the assessee should be assessed as an AOP.

What were the facts?

The assessees, registered charitable societies, claimed exemption under Section 11. They failed to file their audit reports in Form 10BB within the prescribed due date, citing reasons like COVID-19 and a search operation. The CIT(A) dismissed their appeals, upholding the disallowance of exemption.

What were the issues?

Whether the delay in filing the audit report in Form 10BB warrants denial of exemption under Section 11, and whether the CIT(A) acted within his powers.

Which sections of the Income-tax Act were involved?

Section 11,Section 10(23C),Section 12A,Section 119(2)(b),Section 143(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Manjunatha, G. & Shri K. Narasimha Chary

For Respondent: Shri B Bala Krishna,DR
Hearing: 09/10/2024

Per Manjunatha,

The order continues below.

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