Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevail...
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Statutory exemption under section 10(26AAB) for an Agricultural Produce Marketing Committee could not be denied merely because the PAN reflected an incorrect status as a trust. The ITAT held that the assessee's true character as an Agricultural Produce Marketing Committee was undisputed, and a mismatched PAN entry was not determinative of the legal position or a basis to tax otherwise exempt income. On that footing, the assessment orders were set aside on merits, the AO was directed to compute total income at nil, and the reopening grounds were left undecided because no taxable income survived.
Statutory exemption under section 10(26AAB) for an Agricultural Produce Marketing Committee could not be denied merely because the PAN reflected an incorrect status as a trust. The ITAT held that the assessee's true character as an Agricultural Produce Marketing Committee was undisputed, and a mismatched PAN entry was not determinative of the legal position or a basis to tax otherwise exempt income. On that footing, the assessment orders were set aside on merits, the AO was directed to compute total income at nil, and the reopening grounds were left undecided because no taxable income survived.
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