O P Jindal Foundation Vs ITO, Exem. Ward-2(2), Mumbai

Parties Involved

Facts Summary

These two appeals by the assessee, O P Jindal Foundation, are directed against the separate orders of the ld. CIT(A), ADDL/JCIT(A)-2, Gurugram dated 18.08.2025 and 29.08.2025 for Assessment Year (AY) 2018-19 & 2019-20 respectively. The assessee raised similar grounds of appeal in both cases, leading to the clubbing and joint hearing of both appeals to avoid conflicting decisions. The primary grounds of appeal included the CIT(A)'s confirmation of the CPC's adjustment to the return income under section 143(1) without considering the facts, dismissal of the appeal for not filing the audit report in Form 10B, and the CPC's assessment of the appellant's income without considering the facts. The assessee argued that the audit report was filed within the due date and was available during the assessment process. The Revenue argued that the assessee should have furnished Form 10B before filing the return of income and should have applied for condonation of delay.…

Legal Issues

• 1. Whether the CIT(A) erred in confirming the CPC's adjustment to the return income under section 143(1) without considering the facts.
• 2. Whether the CIT(A) erred in dismissing the appeal for not filing the audit report in Form 10B.
• 3. Whether the CIT(A) erred in confirming the CPC's assessment of the appellant's income without considering the facts.
• 4. Whether the CIT(A) erred in not allowing exemptions under section 11 of the Income Tax Act, 1961.
• 5. Whether the CIT(A) erred in not allowing the amount applied towards objects and other administrative expenses of the trust.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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