AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2024 (7) TMI 20
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....ion that was available to the appellant either u/s. 10[23c][iiiad] or for that matter u/s. 1 1 of the Act, under the facts and in the circumstances of the appellant's case. 3. The learned CIT[A] ought to have appreciated that the appellant had filed a valid return of income indicating that it was claiming exemption u/s. 10[23C][iiiad] of the Act and thus, the intimation u/s. 143[1] of the Act ought to have been rectified considering the application of the appellant u/s. 154 of the Act by the learned AO. 4. Without prejudice to the above, the learned CIT[A] ought to have noted that the learned A.O. had refused to rectify the intimation by holding that the 12 educational institutions run by the appellant have to be considered as a single unit for purposes of grant of exemption u/s. 10[23C][iiiad] of the Act, which view taken in the rectification proceedings is contrary to the binding judgement of the Hon'ble High Court of Karnataka in the case of Childrens Educational Society reported in 358 ITR 373 [Kar] and consequently, the order refusing rectification was opposed to law and facts of the appellant's case and thus, the learned A.O. ought to have been d....
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....iced that the assessee trust has filed Form 10B electronically after receipt of rectification order dated 10.01.2019. It shows that the assessee already filed a rectification application and that was disposed of by the CPC and later, they filed present rectification application before the AO. The AO noted that total receipts of all 12 institutions is Rs.2,50,44,219/- as per the consolidated statements as furnished by the assessee as there was gross violation of the provisions of Sec.10(23C)(iiiad) of the Act, the AO passed the rectification order u/s 154 of the Act on 05.02.2019 by denying the claim of the assessee on the ground that Form 10BB has not been filed. The NFAC has confirmed the order of the ld. AO. Against this assessee is in appeal before me. 3. The ld. A.R. submitted that that while filing their return of Income on 30/03/2017, they had claimed exemption under Section 10(23C) of the Act without further mentioning the sub-sections under which the exemption was claimed. While filing the return the column pertaining to the Name of the Institutions run, grant received, aggregate turnover etc. had been left blank due to an inadvertence. Be that as it may, the legitimate ....
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....ssment records. Now the assessee counsel's plea is that the assessee's case is to be examined in the light of judgement of jurisdictional High Court in the case of CIT Vs. Children's Education Society reported in 358 ITR 373 (Karn.) wherein held as follows: "Held....(ii) That the Tribunal was correct in holding that the exemption in terms of the provisions of section 10(23C)(iiiad) was available to the assessee as annual receipts of each of the institutions of the assessee was less than the prescribed limit under the provision." 5.2 In my opinion, the mistake pointed out by the assessee in its petition filed u/s 154 of the Act on 5.2.2019 cannot be said to be debatable issue as this was covered by the judgement of jurisdictional High Court and the ratio laid down by that judgement to be applied to the facts of the case and ld. AO is directed to give effect to the petition filed by the assessee u/s 154 of the Act on 5.2.2019. Ordered accordingly. 6. In the result, appeal of the assessee is allowed. Order pronounced in the open court on 9th Jan, 2024 ============= Document 1 JUML INFORMATION FORM ITR-7 INDIAN INCOME TAX RETURN [For persons includ....
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....the projects/institutions run by you, one of the charitable purposes is advancement of say other object of general public utility then, whether there is any activity in the nature of trade, commerce or business referred to in proviso to section 2(15) If yes, then percentage of receipt from such activity vis-Ã -vis total receipts whether there is any activity of rendering any service in relation to any trade, commerce or business for any consideration as referred to in proviso to section 2(15 )? If yes, then percentage of receipt from such activity vis-Ã -vis total receipts No No If or "bi YES, the aggregate annual receipts from such activities in respect of that station SL.No Name of the project/lastination University Edolat Hospital Other Insilios aligible for exemption No as 1023CXiliab), 10(23C ) 10(23Cad) and 10(23Cillae) SLNo Section Name of the University Educational Institution/Hospital/Other w Institution Whether Registered 2A/12AA If yes, then eater Registration No. Commissioner/Director of Income-tax (Exemptions) who granted registration Date of Registration (DD/MM/YYYY) ....
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....urces per item no. 5 of Schedule 05|| Voluntary Contributions (C of schedule VC) income (1+2+3 + 4 + $ If registered under section 12A/12AA, fill out items 7 to 13 13 36 Je He No Aggregate of income referred to ingrction is 11 and 12 derived during the previous year to the extent that is i that is included in 6 above Valentary contribution formsing part of corpes as per section 11(d) (A + B) of schedule VC) Application of income for charitable or religlass purposes Amount applied to charitable purposes in India during the previous year-Revenue Account Amount applied to charitable perpeers in India during the previous year-Capital Account Excluding application from Borrowed Funds and amount exempt us (1) Amount applied to charitable perpears in India during the previous year-Capital Account (Repayment of Lan) Amount deemed to have been applied to charitable or religious purposes in India during the iv previous year as per clause (2) of Explanation to section 11(1) above applicable, whether option Form No. 9.A has been farnished to the Assessing Officer Ть If yes, date of farmishing Form No. 9A (DD/MM/YYYY) ....
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.... schedale SI) 36 27 Net Agricultural income for rate purpose 27 28 Aggregate Income (25-16+27) applicable if (25-26) escends maximum amount not chargeable to tax 18 19 Anonymous donations, included in 28, to be taxed under section 1158BC 30% (Dill of schedule 19 VC) 30 Income chargeable at maximum marginal rates Schedule OA General Do you have any income under the head business [Yes and profession? Nature of Business or profession (refer to the instructions) Tradenamel INSTITUTIONS 0765-0705-Computer training educaDBANUMAIAH'S EDUCATIONAL SLNo. Code onal and coaching i 2 Number of branches 3 Method of accounting employed in the previous year 4s there any change in method of accounting Tradmane2 Tradena T 3 Mas 4 No Effect on the profit because of deviation, if any, in the method of accounting 5 employed in the previous year from accounting standards prescribed under section 145A 5 6 Method of valuation of closing stock employed in the previous year Raw Material (if at cost or market rates whichever is less write 1, if at cost write 2, if at market rate write 3) Finished go....