SHREE JAIN SWETAMBER TERAPANTHI MANAV HITKARI SANGH,PALI vs. ITO, WARD, EXEMPTION, JODHPUR
What did the Tribunal hold?
The Tribunal found the JCIT(A) was not justified in rejecting the appeal on technical grounds and confirming the entire receipts as income. It held that the assessee's claim for allowing corresponding expenditure against receipts was justified. The matter was remanded to the Assessing Officer to treat the assessee as an AOP and allow legitimate expenses after due verification.
What were the facts?
The assessee, a foundation, filed its income tax return for AY 2014-15, marking 'NO' for exemptions under Section 11 and Section 10(23C)(III ad), but claimed audit under Section 10(23C)(vi). The CPC denied the exemption, assessing income at Rs. 32,61,973. The JCIT(A) upheld this, dismissing the appeal ex-parte due to non-compliance.
What were the issues?
Whether the JCIT(A) was justified in dismissing the appeal ex-parte and confirming the entire receipts as income without considering the assessee's claim for corresponding expenditure, especially when the assessee lacked registration under Section 12A or Section 10(23C).
Which sections of the Income-tax Act were involved?
Section 11,Section 10(23C)(III ad),Section 10(23C)(vi),Section 250,Section 12A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR
DR. MITHA LAL MEENA, A.M.: This appeal filed by the assessee is directed against the order of the ADDL/JCIT(A) Prayagraj [hereinafter referred to as the JCIT (A)] dated 03.09.2024 with respect to Assessment Year 2014-15 challenging therein sustaining the assessed income of Rs. 32,61,973/- without considering merits of the case.
2
Having heard both the sides and perusal of record, we find that the Central Processing Centre ( in short CPC) has denied the Assessee the benefit of exemption under Section 11 and Section 10(23C)(III ad) as the appellant has marked ‘NO’ for these options while filling in the return of income. However, the appellant assessee has claimed that it ha
The order continues below.
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