The Bengal Chamber of Commerce And Industry

Parties Involved

Facts Summary

The appellant-assessee filed its return of income on 30.09.2010 declaring total income of Rs.31,783/-. The case was processed as per section 143(1) of the Act on 30.03.2012. This case was selected for scrutiny and notice under section 143(2) was issued on 15.09.2011 and served on 23.09.2011. Subsequently, notice under section 142(1) of the Act dated 13.09.2012 requiring the assessee to furnish certain particulars and details, was served by registered post. In the course of scrutiny proceeding, the assessee in its letter dated 14.01.2013 submitted that it had applied for registration under section 12A of the Act on 28.06.1973, but not received any communication thereafter. As it is confirmed that the assessee is not registered as an exempt entity and it is now assessed as a company and directed to file its return in the Company jurisdiction. After scrutiny, the ld. Assessing Officer added Rs.11,19,035/- towards contribution to provident fund and superannuation fund to the income of the assessee-company. Similarly, the ld. Assessing Officer added Rs.4,86,731/- towards Gratuity, repairs to building amounting to Rs.2,13,314/-, provident for doubtful debts amounting to Rs.6,62,200/- and donation for relief of Ayela amounting to Rs.8,88,002/- to the income of the assessee. The ld. Assessing Officer computed total income chargeable to tax at Rs.26,70,949/- and finally determined the tax payable at Rs.8,00,400/-.…

Legal Issues

• 1. Whether the assessee is entitled for registration under section 12A of the Act for the assessment year 2010-11?
• 2. Whether the grounds raised by the assessee regarding the addition of various amounts to the income are valid?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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