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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2019-20
- Courts
- All ITAT, ITAT Mumbai
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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...






