VISHWAKARMA EDUCATIONAL TRUST,TRIVANDRUM vs. DCIT , EXEMPTION CIRCLE, TRIVANDRUM
In the result, the appeal by the assessee is partly allowed
ITA 901/COCH/2022[2018-19]Status: HeardITAT Cochin11 Oct 2023AY 2018-19
Bench: Shri Sanjay Arora & Shri Manomohan Dasvishwakarma Dy. Cit (Exemptions) Educational Trust Aayakar Bhavan 14, Ulloor Lane Peroorkada Road, Kowdiar Vs. Dpi Junction, Jagathy Thiruvananthapuram 695003 Trivandurm 695014 [Pan:Aaatv1824D] (Appellant) (Respondent) Assessee By: Smt. Parvathy Ammal, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 12.09.2023 Date Of Pronouncement:11.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Dismissal Of It’S Appeal Contesting The Processing Of It’S Return Of Income Under Section 143(1) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 30.10.2019 For Assessment Year (Ay) 2018-19,By The Commissioner Of Income Tax (Appeals), Income Tax Department (Nfac, Delhi) [Cit(A)] Vide Order Dated 25.7.2022. 2. The Brief Facts Of The Case Are That The Assessee, A Charitable Trust Registered U/S. 12Aa Of The Act, Filed It’S Return Of Income For The Relevant Year On 28.8.2018 Declaring Nil Income, I.E., Claiming Exemption U/S. 11 On The Entirety Of It’S Income. The Same Was Processed U/S.143(1)(A) Of The Act, Denying It The Benefit Of Section 11 Of The Act, I.E., At An Income Of Rs. 13,34,692. The Denial Of Exemption Was For The Reason Of Non-Audit Of It’S Accounts And, Consequently, Non-Filing Of The Audit Report, Required To Be Filed In The Prescribed Form (Form 10B), Along With The Return Of
For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 11Section 11(1)(a)Section 11(1)(d)Section 12Section 12(1)Section 12ASection 12A(1)(b)Section 139Section 143(1)Section 143(1)(a)
charitable or religious trust is income by definition
(s.2(24)(iia) of the Act). Section 11(1)(d) of the Act is only a part of section 11, and which is, as afore-noted, subject to section 12A(1) of the Act. There is, accordingly, no basis in law to say that section 11(1)(d) income is not subject
