Haringhata Mahavidyalaya vs. ITO, Ward-43(1), Nadia

Parties Involved

Facts Summary

The present appeal has been preferred by the assessee against the order dated 30.10.2023 of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. The first issue involved in this appeal is as to whether the exemption u/s. 10(23C)(iiiab) of the Act can be denied to the assessee trust for late filing of the income tax return i.e. beyond time specified u/s. 139(1) of the Act and secondly, if the return is required to be mandatorily filed then whether, the filing of the return u/s. 139(4D) instead of section 139(4C) of the Act disentitles the assessee from claiming the exemption u/s. 10(23C)(iiiab) of the Act.…

Legal Issues

• 1. Whether the exemption u/s. 10(23C)(iiiab) of the Act can be denied to the assessee for late filing of the income tax return.
• 2. Whether the filing of the return in wrong form i.e. Form u/s. 139(4D) instead of Form u/s. 139(4C) becomes irrelevant.

Judgment Outcome

Decided in favour of Assessee.

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