GCG Charitable Trust vs. Deputy Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, GCG Charitable Trust, filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2019-20. The assessee, represented by Shri Pranav Yadav, argued that the trust was not registered under section 12A of the Income Tax Act, 1961, and thus did not claim the benefit of section 11 of the Act. The return of the assessee was processed under section 143(1) of the Act, and the Assessing Officer taxed the gross income without allowing expenses. The First Appellate Proceedings upheld the assessment order without appreciating the fact that the assessee had not claimed the benefit of section 11 & 12 of the Act. The respondent, represented by Shri Sanjay Tripathi, defended the impugned order but suggested restoring the issue to the Assessing Officer for verification.…

Legal Issues

• 1. Whether the assessee is entitled to the benefit of section 11 & 12 of the Income Tax Act, 1961?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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