Samanway Sansthan Vs ITO, Exemption Ward-1, Patna

Parties Involved

Facts Summary

The assessee, Samanway Sansthan, filed an appeal against the order of the Commissioner of Income Tax (Appeals) in Mumbai for the assessment year 2018-19. The assessee claimed exemption under section 11 of the Income Tax Act, which was denied by the Commissioner due to the non-filing of an audit report in Form 10B within the stipulated time. The assessee argued that its funds were used for charitable purposes and that the income should have been assessed as business income. The Tribunal considered the submissions and found that the intimation issued under section 143(1) was in violation of the provisions of the same section, as it did not provide for such adjustments. Consequently, the Tribunal quashed the intimation and allowed the appeal of the assessee.…

Legal Issues

• 1. Whether the intimation issued under section 143(1) was in violation of the provisions of the same section?

Judgment Outcome

Decided in favour of Assessee.

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