Case Law Details
Lions Nab Community Eyecare Centre Vs DCIT (ITAT Pune)
Appellant filed the return of income in Form No.5. However, no documents were filed along with the return of income justifying the claim for exemption u/s 11 of the Act. It is only after receipt of intimation, the appellant took a plea that its income was exempt u/s 11 by virtue of registration u/s 12A of the Act. Even the audit report was admittedly not filed along with the petition u/s 154 or before the NFAC. The CPC while processing the return of income u/s 143(1) can take into consideration only the return of income an accompanied document, when the appellant had filed the return of income in Form No. 5, the natural inference to be drawn is that the assessee is a partnership firm. When the return was filed as if it is a firm, it follows that computation of tax liability should be made on the basis that it is a partnership firm. The CPC cannot go beyond the return of income. In the circumstances, we are of the considered opinion that the Assessing Officer had rightly rejected the 154 petition as well as the NFAC justified in confirming the action of the Assessing Officer. Therefore, the appeal filed by the assessee stands dismissed.
FULL TEXT OF THE ORDER OF ITAT PUNE
This is an appeal filed by the assessee directed against the order of National Faceless Appeal Centre, Delhi (‘NFAC’) dated 21.03.2022 for the assessment year 2012-13.
2. Briefly, the facts of the case are that the appellant is a charitable trust incorporated under the provisions of Trust Act. It is claimed that it was registered u/s 12A of the Income Tax Act, 1961 (‘the Act’). The Return of Income for the assessment year 2012-13 was filed in Form No.5 declaring total income of Rs.43,01,860/-. Against the said return of income, an intimation was issued u/s 143(1)(a) of the Act on 26.03.2014 assessing the above income to tax and demanded tax of Rs.16,96,480/-. Against the said intimation, a petition u/s 154 was filed stating that the income of the trust is exempt u/s 11 by virtue of registration u/s 12A of the Act. It was further stated that the return of income was filed in wrong form i.e. Form No.5 as against the ITR Form No.7. However, the said petition was rejected by the Assessing Officer by holding that the appellant had failed to file the audit report in Form No.10B as required under Rule 17B of the Income Tax Rules, 1962.
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