Dy. CIT (E) vs. Indore Education & Service Society, Indore

Parties Involved

Facts Summary

The assessee-society, engaged in imparting education, filed a return for the Assessment Year 2022-23 declaring a total income of Rs. Nil. The Assessing Officer processed the assessee's return under section 143(1) of the Income-tax Act, 1961, after making adjustments in the form of disallowance/addition of Rs. 82,27,09,388/-, thereby determining the total income at Rs. 82,27,09,388/-. The assessee carried the matter in first appeal, and the Commissioner of Income-Tax (Appeals) granted full relief to the assessee. The revenue is aggrieved by the Commissioner of Income-Tax (Appeals)'s order and has come in this appeal before the tribunal.…

Legal Issues

• 1. Whether the Commissioner of Income-Tax (Appeals) is justified in allowing the exemption under section 10(23C)(vi) of the Act when the assessee claimed exemption under section 11 of the Act in its ITR and did not reveal the fact before the Commissioner of Income-Tax (Appeals).
• 2. Whether the Commissioner of Income-Tax (Appeals) is justified in deleting the addition of Rs. 82,27,09,388/- made by the Assessing Officer and allowing the benefits of exemption under section 10(23C)(vi) of the Income-tax Act, 1961, on the basis of provisional registration to the assessee especially when the assessee failed to apply for permanent approval for the same, even when the last date of application for permanent approval was on or before 30.09.2023?

Judgment Outcome

Decided in favour of Revenue.

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