Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
The ITAT upheld the denial of exemption under sections 11 and 12 of the I.T. Act to the assessee temple due to non-filing of return and failure to satisfy conditions under section 11. The Tribunal clarified that section 115BBC's tax rate on anonymous donations does not apply to the assessee as a religious trust; thus, donations collected under Hundi are to be assessed on net surplus basis under sections 56 and 57, not on gross receipts. Section 10(23BBA) was held inapplicable to the temple's income, as it applies only to income of the administrative authority appointed under the Endowment Act, not to the temple itself. The statutory payments to the authority are deductible from the temple's income. The decision aligns with precedent, confirming that public religious trusts/temples must seek exemption under sections 11 and 12, and cannot claim benefit under section 10(23BBA).
The ITAT upheld the denial of exemption under sections 11 and 12 of the I.T. Act to the assessee temple due to non-filing of return and failure to satisfy conditions under section 11. The Tribunal clarified that section 115BBC's tax rate on anonymous donations does not apply to the assessee as a religious trust; thus, donations collected under Hundi are to be assessed on net surplus basis under sections 56 and 57, not on gross receipts. Section 10(23BBA) was held inapplicable to the temple's income, as it applies only to income of the administrative authority appointed under the Endowment Act, not to the temple itself. The statutory payments to the authority are deductible from the temple's income. The decision aligns with precedent, confirming that public religious trusts/temples must seek exemption under sections 11 and 12, and cannot claim benefit under section 10(23BBA).
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