Swami Vidyadhiraj Teerth Charitable Trust vs. ITO

Parties Involved

Facts Summary

The assessee, Swami Vidyadhiraj Teerth Charitable Trust, is a charitable trust involved in imparting education, promoting health, and other social objectives. The trust filed its income tax return for the assessment year 2018-19, declaring a total income of Rs. Nil. The case was selected for scrutiny, and notices were issued under sections 143(2) and 142(1) of the Income Tax Act. The Assessing Officer found that the trust had accumulated an amount of Rs. 5 crores out of the current year's unutilized income and disallowed the deduction under section 11(2) of the IT Act, determining the total income at Rs. 5 crores. The trust appealed against this order, which was dismissed by the Commissioner of Income Tax (Appeals). The trust further appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the order of the Commissioner of Income Tax (Appeals) is bad in law and void ab initio.
• 2. Whether the order under sections 143(3), 143(3A), and 143(3B) of the Income Tax Act is without jurisdiction, misconceived, and without following the principles of natural justice.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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