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ITAT Rules Exemption Cannot Be Denied for Curable Form 10B Defect
Case Law Details
- Case Name
- Goswami Bhagwan Lal Education Society Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
- Courts
- All High Courts, ITAT Delhi
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Goswami Bhagwan Lal Education Society Vs ITO (ITAT Delhi)
10(23C) / 11 Exemption Cannot Be Denied in 143(1)- CPC Cannot Tax Gross Receipts of a School -Failure to File Form 10B is Curable; 139(9) Opportunity Mandatory
Assessee, an educational society, filed ITR on 19.09.2015 declaring NIL income after claiming exemption u/s 10(23C)(via). Audit report was uploaded in Form 10BB (meant for institutions claiming exemption under clauses of s.10(23C)), whereas the ITR reflected claim u/s 11. CPC processed the return u/s 143(1), held the claim u/s 10(23C)(via) ineligible, also denied alternate claim ...
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