Blue Bell Dr. Ram Tirth Dube Memorial Shiksha Sansthan vs. Exemption Ward

Parties Involved

Facts Summary

The assessee, Blue Bell Dr. Ram Tirth Dube Memorial Shiksha Sansthan, is a registered educational society running an educational institution at 15, Cantonment, Fatehgarh, District Farrukhabad, Uttar Pradesh 209601. The assessee-society is registered under section 12AB of the Income-tax Act, 1961 and is also registered under section 80G. The assessee is engaged in imparting education, and its receipts are applied towards its educational objects. For A.Y. 2018-19, the assessee filed Form No. 10B/Audit Report on 06.10.2018 as required under section 12A(1)(b) of the Act. Thereafter, the assessee filed its return of income on 18.10.2018 as per section 139(1) of the Act declaring total income at Rs Nil. During the relevant year, the gross receipts of the assessee were ₹1,96,70,598/-, which were derived from educational activities. Against the said receipts, substantial application was made towards educational objects. Therefore, the income of the assessee was required to be computed in accordance with section 11 of the Act, after considering application of income and eligible accumulation. However, due to bona fide and inadvertent reporting/clerical errors committed by the then counsel / tax consultant while filing the ITR and Form No. 10B, certain figures were entered in incorrect schedules/columns. The gross receipts were wrongly reflected under Income from Other Sources, and there were also errors in reporting revenue application, capital application and accumulation. These were…

Legal Issues

• 1. Whether the appellant shall be allowed the benefit of registration under section 12AB of the Income Tax Act 1961 on the basis of the revised audit report filed?
• 2. Whether the CPC Bangalore has erred in law by not allowing the benefit to the assessee for the entire receipts under Section 11?
• 3. Whether the CPC Bangalore has erred on fact by overlooking that the inaccurate particulars furnished by the appellant tax consultant in the return of income?
• 4. Whether the Ld. CIT(A) has erred on facts by concluding that the CPC has rightly assessed the income of the assessee?

Judgment Outcome

Decided in favour of Assessee.

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