MOUNT CARMEL EDUCATIONAL SOCIETY ,TRIVANDRUM vs. ITO, EXEMPTION WARD, TRIVANDRUM
In the result, the appeal filed by the assessee stands partly allowed
ITA 72/COCH/2025[2017-18]Status: DisposedITAT Cochin26 Jun 2025AY 2017-18
Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2017-18 Mount Carmel Educational Society .......... Appellant Kanjiramkulam P.O., Thiruvananthapuram 695524 [Pan: Aabam3865A] Vs. Ito, Ward-1(1), Thiruvananthapuram .......... Respondent Appellant By: Ms. Binisha Baby, Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.05.2025 Date Of Pronouncement: 26.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-2, Ludhiana [Cit(A)] Dated 30.121.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Charitable Trust Duly Registered U/S. 12A Of The Income Tax Act, 1961 (The Act). The Return Of Income For Ay 2017-18 Was Filed On 01.08.2017 Declaring Nil Income After Claiming Exemption U/S. 11 Of The Act. The Said Return Of Income Was Processed By The Cpc U/S. 143(1) Of 2 Mount Carmel Educational Society The Act Vide Intimation Dated 25.03.2019 Denying Exemption U/S. 11 & Assessed The Total Income At Rs. 2,03,20,447/- On The Ground That Audit Report In The Prescribed Form 10B Was Not Filed Along With The Return Of Income.
For Appellant: Ms. Binisha Baby, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 11Section 12ASection 143(1)
10B was not filed along with the return of income.
3. Being aggrieved, an appeal was filed before the CIT(A), contending that the adjustment made by the CPC is beyond the scope of section 143(1) of the Act and filing of audit report within the prescribed time is only directory and not mandatory. However, the CIT(A), placing