2026 (5) TMI 318

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....the law applicable on the facts and circumstances of the Case. 2. That the CIT(A) erred in not allowing the grounds of Appeal that the return filed by the Appellant society was nullity as the Appellant Society which runs only Educational Institutions in the name St. Marks College/School filed return of Income on ITR-7 filed on the date or filing of return, it was neither registered U/S 12A nor had recognition U/S 10(23)(c) of the Income Tax Act. 3. That the CIT(A) erred in not deciding the appeal on it facts that whether the return filed by the Appellant in form No.7 was invalid/nullity or not and assumed that the Appellant assessee deliberately filed Form 7 instead of Form 5 applicable to it as it did not had registration....

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....-01-2020 contending that the Learned CPC had no jurisdiction under section 143(1) of the Act to disallow the exemption claimed under section 10(23C)(vi) of the Act as the same involves examination of facts and cannot be adjusted while processing the return. The Learned NFAC, Delhi vide order dated 25-11-2022 partly allowed the appeal holding that the Learned AO had wrongly treated the entire gross receipts as income. The Learned CITA directed the Learned AO to recompute the income after allowing expenditure incurred for earning the receipts of the educational institution. However, the Learned CITA erred in law in directing denial of exemption under section 10(23C)(iiiad) of the Act on the ground that the receipts exceeded Rs one crore as pr....

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....23C)(vi) of the Act for assessment year 2018-19. 5. The aforesaid facts are not in dispute. The Learned DR vehemently argued that pursuant to the order of the Tribunal, the Assessee would be entitled for exemption under section 10(23C)(vi) of the Act. The Learned DR submitted that the application seeking registration under section 10(23C)(vi) of the Act itself was made by the Assessee was made on 30-9-2018 and hence the registration would be available only from 1-4-2018 which is commencing from Assessment Year 2019-20 onwards. Hence he submitted that for the Assessment Year 2018-19, the Assessee would not be entitled for exemption under section 10(23C)(vi) of the Act. 6. In our considered opinion, the Tribunal had already directed the....