2025 (11) TMI 902

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..../250/2025-26/1076124521(1) dated 08.05.2025 for the assessment year 2018-19 against the order of assessment passed u/s. 143(3) r.w.s. 143(3A) & 143(3B) of the Income Tax Act,1961 (herein after referred to as the Act) dated 05.04.2021 by the Assessing Officer, National e-Assessment Centre, Delhi (hereinafter referred to as Ld. AO). 2. The Revenue has raised the following grounds of appeal:- i) The ld. CIT(A) erred in deciding the issue by relying on the assessment orders passed in the past for the A.Y.2002-03 to 2013-14. The ld. CIT(A) has failed to appreciate the fact that just because exemption was allowed in the earlier assessment years does not mean that the assessee is eligible for exemption u/s 11 without having a valid reg....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion u/s. 11 of the Act. Shri Calimidi Namberumal Chetty created a trust styled as 'Calimidi Namberumal Chetty Charities' by a settlement deed dated 07.05.1943. The said trust have been granted registration u/s. 12A of the Act vide C.No.212(148)/73 dated 27.03.1976 by the Commissioner of Income Tax, Tamil Nadu-III. 4. Shri C. Alavandar Chetty S/o C Namberumal Chetty had executed a will on 22.09.1939 directing that after the demise of his wife Smt. Calimidi Rukminiamma, certain properties be transferred to the Trust created by his father Shri C Namberumal Chetty. Smt. Calimidi Rukminiamma died on 16.06.1982 and as per the will of her late husband Shri C Alavandar Chetty, properties owned by the estate of Calimidi Rukminiamma was taken over....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ded that CAC Charities is an independent trust / entity by itself and ignored the contentions of the assessee that CAC Charities is part of the activities carried out by CNC CAC Charities. Accordingly, the AO brought the entire gross receipts of CNC CAC Charities in the sum of Rs. 3,81,97,717/- to tax on the ground that CAC Charities does not independently possess section 12A registration and accordingly, not eligible for exemption u/s. 11 of the Act. This action of the Ld.AO was upheld by the NFAC. 6. It is not in dispute that even though return of income for the assessment year 2018-19 has been filed in the name of CAC Charities, the PAN used thereon was AAAAC1912C. It is pertinent to note that this PAN belongs to CNC CAC Charities. It....