SHRI R V SHAH CHARITABLE TRUST,BHAVNAGAR vs. THE DY.DIT, CPC, BENGALURU CURRENT JURISDICTION THE ITO, EXEMP., BHAVNAGAR

ITA 257/AHD/2024Status: DisposedITAT Ahmedabad19 April 2024AY 2022-23Bench: MS. SUCHITRA KAMBLE (Judicial Member), SHRI NARENDRA PRASAD SINHA (Accountant Member)10 pages
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What did the Tribunal hold?

The Tribunal noted that no exemption under Section 11 was claimed in the return, and the CPC's adjustment for non-furnishing of Form 10BB was valid. However, the exact reason for disallowing the claim in the intimation was unclear, and the Revenue was directed to provide it.

What were the facts?

The assessee, a charitable trust, claimed exemption under Section 10(23C) in its return, but the CPC disallowed it due to non-furnishing of Form 10BB. The assessee contended it inadvertently claimed the wrong section and was eligible for exemption under Section 11, for which Form 10B was filed.

What were the issues?

Whether the CIT(A) erred in confirming the disallowance of exemption under Section 143(1) when the assessee claimed a different section inadvertently and sought to claim exemption under Section 11 during appellate proceedings.

Which sections of the Income-tax Act were involved?

Section 10(23C),Section 11,Section 143(1),Section 119,Section 154

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Income Tax Appellate Tribunal, “ SMC ” BENCH, AHMEDABAD

Before: MS. SUCHITRA KAMBLE & SHRI NARENDRA PRASAD SINHA

For Appellant: Shri Tushar Hemani, Sr. Adv. &, Shri Parimalsinh B. Parmar, AR
Hearing: 17/04/2024Pronounced: 19/04/2024

PER NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER:

The present appeal is filed by the Assessee against the order u/s.250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) dated 19/01/2024 passed by the Addl./Joint Commissioner of Income-tax (Appeals)-8, Mumbai [“JCIT(A)” in short] for Assessment Year (AY) 2022-23. 2. The assessee is a Charitable Trust and filed its return of income for AY 2022-23 on 17/10/2022 declaring total income of Rs.1,48,175/-. The

The order continues below.

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