Nadia Primary Teachers Training Institute vs. ITO, Ward-41(1), Nadia
Parties Involved
Facts Summary
The assessee, Nadia Primary Teachers Training Institute, filed its return of income for the assessment year 2014–15 under section 139(4) of the Income-tax Act, 1961. Subsequently, an intimation was issued under section 143(1) of the Act. The Assessing Officer disallowed the assessee’s claim of expenditure amounting to ₹33,02,130, stated to have been incurred towards charitable/religious purposes in India, on the ground that no supporting evidence was furnished in substantiation of the claim. Accordingly, the total income of the assessee was determined at ₹38,28,137 by making an addition of ₹33,02,130. The assessee filed an application for rectification, which was not considered. Aggrieved by the order, the assessee preferred an appeal before the Ld. CIT(A), where the appeal was dismissed due to non-compliance, observing that the assessee failed to controvert the findings of the Assessing Officer and did not appear on the date fixed for hearing.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the delay of 298 days in filing the appeal should be condoned?
- 2. Whether the expenditure of ₹33,02,130 claimed by the assessee towards charitable/religious purposes should be allowed?
Judgment Outcome
Decided in favour of Assessee.
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