Capital Law College vs. ITO, Exemption Ward, Bhubaneswar

Parties Involved

Facts Summary

Capital Law College, a charitable trust established for educational purposes, filed an appeal against the order of the Commissioner of Income Tax (Appeals) in Delhi, dated 21.5.2024, for the assessment year 2016-17. The appeal was filed 41 days after the service of the first appellate order due to the change in the auditor, which led to the previous auditor not informing the assessee about the order. The assessee claimed exemption under section 10(23C)(iiiad) of the Act, stating that its annual receipts were below Rs.1 crore, making it eligible for exemption. The assessee argued that the addition made by the Assessing Officer was not sustainable in law as the income generated was not for profit. The revenue supported the orders of the Assessing Officer and the Commissioner of Income Tax (Appeals).…

Legal Issues

• 1. Whether the assessee is eligible for exemption under section 10(23C)(iiiad) of the Act?
• 2. Whether the addition made by the Assessing Officer is sustainable in law?

Judgment Outcome

Decided in favour of Assessee.

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