2026 (2) TMI 856

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....n, C.A. For the Respondent : Ms.R.Anitha, Addl.CIT ORDER PER MANU KUMAR GIRI, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), (in short 'the CIT(A), Addl/JCIT(A)-1, Guwahati, dated 13.03.2025 for the Assessment Year (in short 'AY') 2024-25. 2. Brief facts are that the Assessee, a registered Trust filed ITR 7 on 0....

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....he appellant has submitted copy of one unaudited Income and Expenditure Account bearing no name or signature of any office bearer. In absence of any stamp/signature, the veracity of the same is not found ascertainable." The Additional CIT(A) has refused to give benefit of section 10(23C)(iiiad) on flimsy reasons of: (i) Non authentication of Income and Expenditure Statement. (ii)....

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....set aside. The AO should have charged tax on the income so arrived at normal rates applicable to AOP as the assessee is a Charitable Trust (As held in 2023 (5) TMI 1170 ITAT BANGALORE- PCA CHARITABLE TRUST VERSUS ITO WARD -1 (2) BENGALURU). The Additional CIT(A) had incorrectly refused benefit of section 10(23C)(iiiad) as the Assessee is a registered Trust known to the Additional CIT(A) a....

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.... 4. Per contra, the Ld.DR relied upon the order of the Ld.CIT(A). 5. We have heard the rival submissions in the light of material available on records. The Ld.AR submitted that the institutions existed only for educational purposes. He further submitted that the CPC rejected the claim for exemption u/s. 11 and taxed the entire receipts as income without considering the application / expenditur....