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Denial of Section 11 Exemption Doesn’t Trigger Section 115BBE: ITAT Mumbai

Case Law Details

Case Name
Shri Saibaba Charitable Trust Vs ITO Exemptions (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Shri Saibaba Charitable Trust Vs ITO Exemptions (ITAT Mumbai) Mumbai ITAT: Every Addition Is Not Taxable Under Section 115BBE; Denial of Section 11 Exemption Cannot Trigger Special Tax Rate The Mumbai ITAT held that Section 115BBE applies only to additions specifically made under Sections 68 to 69D, and cannot be invoked merely because an addition or disallowance has been made during assessment proceedings. Accordingly, it directed the Assessing Officer to compute tax under the normal provisions of the Act instead of applying the higher tax rate under Section 115BBE. The assessee, a charitable...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,640

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