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2 results for “charitable trust”+ Section 272A(1)(d)clear

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Chennai65Karnataka22Allahabad12Mumbai11Kolkata9Cochin7Pune7Bangalore6Delhi5Chandigarh4Jaipur2Ahmedabad2Rajkot1Hyderabad1Jodhpur1Lucknow1Nagpur1Raipur1

Key Topics

Section 285B7Section 271F5Section 272A(2)(e)2Penalty2Limitation/Time-bar2

JHALAWAR KENDRIYA SAHAKARI BNAK LTD,JHALAWAR vs. ADL/ADIT (I&CI), JAIPUR

In the result, appeal of the assessee is allowed

ITA 313/JPR/2022[2019-2020]Status: DisposedITAT Jaipur11 Jan 2023AY 2019-2020

Bench: The Date Of Hearing.

For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Ms Monisha Choudhary (JCIT)
Section 271FSection 285B

section 139(4A) rws 139(1)—An attempt of deliberateness or deceptiveness is associated with the word 'failure'— In the present case, there was no deliberateness or deceptiveness in not filing the return of income within the prescribed time limit— Assessee was under a bonafide belief that securing recognition u/s 80G would be a pre requisite for filing the return

A.N. SCHOOL SHIKSHA SAMITI,SIKAR vs. JCIT-RANGE (EXEMPTION), JAIPUR

In the result, this appeal of the assessee is allowed

ITA 252/JPR/2020[2010-11]Status: DisposedITAT Jaipur24 May 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 252/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 A.N. School Shiksha Samiti, Cuke J.C.I.T.-Range Vs. Radha Swami Bag, (Exemption) Sikar-303702 Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabaa 6164 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Shravan Kr Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 25/03/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/05/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Jaipur Dated 06/09/2019 For The A.Y. 2010-11 Wherein Following Grounds Have Been Taken. “1. The Impugned Penalty Order U/S 272A(2)(E) Dated 02/11/2018 As Well As Notices Are Bad In Law & On Facts Of The Case, For Want Of Jurisdiction & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2. The Ld. Cit(A) Has Grossly Erred In Law As Well As On The Facts Of The Case In Confirming The Imposition Of Penalty Of Rs. 2,53,700/- U/S 272A(2)(E) Invoked By The Ld Jcit. The Penalty So Imposed & Confirmed By The Ld. Cit(A) Being Totally Contrary To The Provisions Of Law & Facts On The Record & Hence The Same May Kindly Be Deleted.

For Appellant: Shri Shravan Kr Gupta (Adv)For Respondent: Smt. Monisha Choudhary(JCIT)
Section 272A(2)(e)Section 272a(2)(e)Section 5

charitable or religious trust by the CIT as non taxable institution, therefore, no penalty can be levied because there is no involvement of tax in it. Therefore, causes shown by assessee should also be accepted even if it is without evidence. As such the penalty so imposed U/s 272A(2)(e) of the Act deserves to be deleted in full