Grama Vidyodaya Sangha (Regd), Mysuru vs. Deputy Commissioner of Income Tax, CPC, Bangalore
In the result, the appeal filed by the assessee is allowed
ITA 345/BANG/2022[2018-19]Status: DisposedITAT Bangalore06 Sept 2022AY 2018-19
Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2018-19
For Appellant: Shri K. Kotresh, A.RFor Respondent: Shri K.R. Narayana, D.R
Section 10Section 11Section 12ASection 12A(2)Section 143(1)Section 234A
…under s. 143(1)(a) the AO cannot change the nature of income or exemption. In CIT v. McDowell & Co. Ltd. [2006] 204 CTR (Kar.) 353 in which decision in God Granites v. CBDT [1996] 218 ITR 298 (Kar.) was followed and decision in Madan Gopal Bagla v. CIT [1956] 30 ITR 174 (SC) was distinguished, it was held that only a claim which is prima facie admissible or inadmissible can be considered under s. 143(1)(a) and not a matter that rewires a detailed consideration; assessee having made out a prima facie case in respect of deduction of 'corporate guarantee obligation' as there was an agreement and also a guarantee obl…