2022 (2) TMI 694

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....ct, 1961 (for short 'the Act'), however, it is not claiming benefit of exemption under section 11 of the Act. The assessee has been filing its return of income in the status of Association of Persons (AOP) for the past several Assessment Years (AYs.). In the impugned AY, the assessee had made donations to Chief Minister's Relief Fund Rs. 25,00,000/- and Vidya Pratishthan Rs. 1,00,000/-. The aforesaid donations were eligible for deduction under section 80G and 80GGA r.w.s 35AC of the Act, respectively. The assessee claimed deduction of Rs. 23,23,164/- in the return of income in respect of said donations. The return of income was processed by CPC, Bangalore under section 143(1) of the Act. The deduction claimed by the assessee und....

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.... no. 39 to 59 of the Paper Book. The ld. AR further referred to the assessment made under section 143(1) for AY 2015-16. The ld. AR pointed that even in the subsequent AY i.e. AY 2015-16, the assessee's claim of deduction under section 80G/80GGA was accepted by CPC. The ld. AR asserted that the rectification sought by the assessee under section 154 of the Act is a mistake apparent from record and is not a debatable issue. 4. Per contra, Sh. B.K. Bagchi representing the Department vehemently defended the impugned order and prayed for dismissing appeal of the assessee. 5. Submissions made by rival sides heard, orders of the authorities below examined. The short issue in the present appeal is whether the assessee's claim of exemp....

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....nsibly, the assessee has been making similar donations in the preceding and the succeeding AYs towards Chief Minister's Relief Fund, and donation to some other eligible institutions and the consequent benefit of deduction under section 80G has been allowed to the assessee. In AY 2013-14 in scrutiny assessment proceedings, the assessee's claim was allowed and in AY 2015-16, the assessee's claim of deduction under section 80GGA was accepted by the CPC as is evident from the intimation under section 143(1) of the Act dated 02.08.2016. Thus, disallowance of assessee's claim of deduction under Chapter-VIA in the impugned AY was purely a computational error which could have been rectified under section 154 of the Act. The assessee....