Shankeshwar Parshanath Jain Trust vs. The National Faceless Appeal Centre

Parties Involved

Facts Summary

The assessee, a trust engaged in charitable and religious activities, filed its return of income for assessment year 2021-22, claiming exemption under section 11 of the Income Tax Act 1961, amounting to Rs.24,33,186/-. The assessee had duly uploaded Form 10B on the e-filing portal of the Income Tax department on 10.01.2022. However, the assessing officer passed a rectification order under section 154 of the Act, dated 30-03-2023, disallowing the exemption claimed under section 11. The assessee appealed to the Commissioner of Income Tax (Appeal), who confirmed the findings of the assessing officer. The assessee then appealed to the Income Tax Appellate Tribunal, Rajkot Bench. The assessee argued that the CPC Bengaluru had ignored the fact that Form 10B was filed on time, and thus, the addition made by the assessing officer should be deleted. The Tribunal found that the assessing officer had erred in law and on facts by disallowing the exemption. The Tribunal deleted the addition made by the assessing officer and allowed the assessee's appeal.…

Legal Issues

• 1. Whether the assessing officer erred in disallowing the exemption claimed under section 11 of the Income Tax Act 1961?
• 2. Whether the due date for filing the return of income for assessment year 2015-16 was extended?

Judgment Outcome

Decided in favour of Assessee.

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