M/s. Sree Raghavendra Educational Society v. Income Tax Officer

Parties Involved

Facts Summary

The assessee, M/s. Sree Raghavendra Educational Society, is a society registered under the Tamil Nadu Societies Registration Act, 1975, with the primary objective of education and other allied charitable objects. The society operates several schools in Chennai. For the assessment years 2011-12 and 2015-16, the Assessing Officer (AO) denied the society's exemption under section 11 of the Income Tax Act, invoking section 13(1)(c) and section 40(a)(ia) of the Act. The AO also disallowed the society's claim of depreciation. The society appealed against the order of the Commissioner of Income Tax (Appeals), which was affirmed by the first appellate authority. The society argued that the AO erred in denying the exemption and disallowing depreciation without proper justification.…

Legal Issues

• 1. Whether the order of the National Faceless Appeal Centre (NFAC) is wrong, illegal and opposed to law?
• 2. Whether the NFAC erred in disposing the appeal without providing adequate opportunity to the appellant?
• 3. Whether the NFAC erred in denying exemption u/s.11 to the appellant by invoking section 13(1)(c)?
• 4. Whether the NFAC erred in confirming the disallowance made by the assessing officer by invoking section 40(a)(ia)?
• 5. Whether the NFAC ought to have seen that the appellant was not treated as assesse in default in term of section 201(1)?
• 6. Whether the NFAC erred in disallowing the appellants claim of depreciation?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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