Father Leblond Trust Vs. CPC, Bengaluru

Parties Involved

Facts Summary

The assessee, Father Leblond Trust, is a trust approved under section 12A of the Income Tax Act, 1961. The extended due date for filing the original return under section 139(4A) was 31/10/2019. The audit report in Form No. 10BB dated 25/09/2019 was uploaded on 29/10/2019, and the return of income under section 139(4A) was filed on 31/10/2019, within the extended due date. The assessee received the intimation under section 143(1) of the Act on 18/05/2020. A rectification request was filed under section 154 of the Act on 19/10/2020 as the assessee was denied the claim of exemption under section 11 of the Act. The rectification order under section 154 of the Act was received on 30/10/2020, and the claim of exemption was denied. Aggrieved with the rectification order, the assessee filed an appeal before the Ld. CIT(A), who dismissed the appeal. Aggrieved with the order of the Ld. CIT(A), the assessee has filed the appeal before the Tribunal.…

Legal Issues

• 1. Whether the impugned Rectification Order under section 154 is arbitrary and bad in law.
• 2. Whether the Ld. AO erred in determining the gross income by making additions for the A.Y. 2019-20.
• 3. Whether the impugned Appeal Order passed by the Ld. Appellate Authority is arbitrary and bad in law.
• 4. Whether the Ld. CIT(A)/ NFAC was wrong in confirming the addition of Rs. 1,94, 87, 374/- made by the CPC.
• 5. Whether the Ld. A.O. disallowed the deduction of Rs. 46,22,936/- for the said year is bad and illegal.
• 6. Whether the demand levied to the assessee amount of Rs. 85,17,420/- is arbitrarily calculated and unjust.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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