2022 (7) TMI 792

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....g grounds:- "1. That the learned CIT(A), NFAC has grievously erred in law, and on facts, in holding that the adjustment made u/s 143(1) of the Act by CPC is valid. 2. That the learned CIT(A), NFAC ought to have considered the Registration Certificate of the appellant u/s 12AA of the Act and ought to have deleted the disallowance of Rs.61,42,572/- made u/s 11 of the Act by CPC. 3. That on facts and in law, the entire disallowance made by CPC ought to have been deleted and the returned income of Rs.(-) 4,92,888/- ought to have been accepted as prayed for." 2. The assessee, in the present case, is a Public Charitable Trust registered under Bombay Public Trust Act. It is also registered under Section 12AA of the In....

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....d on 29/01/16 along with Form No 108 for a deficit of 492888. The Copy of the Computation Sheet, Acknowledgement of return, Return of Income and Audited balance sheet and Income & Expenditure A/c is attached. In the return of income the deduction u/s 11 was claimed and from gross total income as taken from credit side of Income & Expenditure account, the expenses debited in Income & Expenditure account was deducted and accordingly gross total income as stated above is taken in the computation sheet and in the return. The CPC Bangalore has passed on order u/s 143(1) of the ad on 29/01/2016 disallowing claim u/s. 11 of the Act (copy attached). Thus the CPC Bangalore has wrongly disallowed the claim and wrongly assessed total income a....

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....isallowed the claim of exemption u/s 11 of the Act. Therefore, the order u/s 143(1) is upheld." Aggrieved by the order of the learned CIT(A), the assessee has preferred this appeal before the Tribunal. 4. We have heard the arguments of both the sides and also perused the relevant material available on record. It is observed that there was a bonafide mistake committed by the assessee in not giving its 12AA Registration Certificate Number in the return of income filed for the year under consideration; and, when its claim for exemption under Section 11 of the Act was disallowed by the CPC Bangalore for want of the said number vide an order dated 29.01.2016 passed under Section 143(1) of the Act, rectification application was filed by the....