2026 (1) TMI 1043

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....der passed u/s. 154 of the Income-tax Act, 1961 [the Act] dated 31.3.2023 by the ITO, Exemptions Ward 1, Hubli was dismissed. Aggrieved the assessee is in appeal before me. 2. The brief facts of the case show that assessee is a charitable trust running the Yoga Centre filed its return of income for assessment year 2019 - 20 on 19 August 2029 where the due date of filing of the return was 30 September 2019. The return of income was showing that while filing the return of income the assessee as per return of income claimed that an amount of Rs. 882,500/- is eligible for exemption under section 10(23C)(iiiad) which was denied by the central processing Centre and computed the total income of the assessee at Rs. 883,010/-. The assessee aggrie....

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....total receipt as per that schedule. As per rule 2BC exemption is allowed only if the aggregate annual receipt including any voluntary contribution during the relevant year does not exceed rupees one crore. 4. Assessee explained that it is using Winman utility software to file income tax return and the software are generated income tax return even when mandatory schedule IE 4 were not filed. The CPC accepted the return of income even when mandatory field were not filed. 5. Assessee preferred an application for rectification on 23 January 2013 under section 154 of the income tax act for the rectification apparent on record. This application was rejected for the reason that issue raised in application under section 154 which are debatabl....

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....-down of 10(23C)(iiiad) under " section under which exemption claimed "under filing status in schedule personal information. Hence exemption claimed in serial No. 9C in schedule part B -TI is not allowed. Further filing of schedule IE4 is mandatory. Exemption under section 10 May not exceed the total receipts as per schedule IE4 . As per rule 2BC exemption is allowed only if the aggregate annual receipts including any voluntary contributions during the relevant previous year does not exceed rupees one crore." On complete reading of the above reason it is apparent that it is not the inconsistency in the return of income but the relevant to drop-down menu is not selected. The assessee has also explained the reason why it could not be done. Th....