ITA No.140/Ind/2024 (Assessment Year: 2020-21) Malwa Patidar Samaj Shiksha Samiti Vs. ADIT, CPC

Parties Involved

Facts Summary

The assessee, Malwa Patidar Samaj Shiksha Samiti, filed its return of income on 18.02.2021 and claimed deduction under section 10(23C)(iv) of the Act. The Commissioner of Income Tax (Appeal) National Faceless Appeal Centre (NFAC) Pune denied the claim of the assessee because of delay in filing the return of income and the audit report in Form 10BB. The assessee challenged this decision before the Commissioner of Income Tax (Appeal) (CIT(A)), but the appeal was dismissed. The assessee then filed an appeal before the Income Tax Appellate Tribunal (ITAT) against the order of the CIT(A).…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in sustaining the adjustment made by Ld. ADIT, CPC in the intimation order passed u/s 143(1)?
• 2. Whether the Ld. CIT(A) erred in denying the exemption claimed u/s 10(23C) of Rs. 1,51,71,281?
• 3. Whether the Ld. CIT(A) erred in denying the exemption claimed u/s 10(23C) of Rs. 1,51,71,281 merely because of delay in filing of Form 10BB?
• 4. Whether the Ld. CIT(A) erred in denying the exemption claimed u/s 10(23C) of Rs. 1,51,71,281 without considering the fact that approval has been granted by CIT(Exemption), Bhopal?
• 5. Whether the Ld. CIT(A) erred in not considering the written submission along with documentary evidences in proper perspective?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Akshat Education and Charitable Trust Vs. CIT(E)

  Ahmedabad bench

• GITA EDUCATIONAL TRUST vs. AO WARD EXEMPTION (2)

  Delhi Bench ‘E’, New Delhi benchAY 2018-19Allowed

• S.D. Education Society vs. ACIT

  Delhi Bench benchAY 2010-11 & 2011-12Allowed

• Haldia Global Educational Society Vs ACIT, Central Circle, Cuttack

• The Assistant Commissioner of Income Tax (Exemptions), Circle – 1, Bengaluru. Vs. M/s. Karnataka Institute of Diabetology

  Bangalore benchAY 2017-18, 2018-19Dismissed

• Holy Cross Church vs Income Tax Officer Exemption

  Mumbai Bench benchAY 2023-24Allowed