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Belated Form 10B Doesn’t Warrant Taxing Entire Receipts
Case Law Details
- Case Name
- Vivekanand Shikshan Prasarak Mandal Vs ITO (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2022-23
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Vivekanand Shikshan Prasarak Mandal Vs ITO (ITAT Pune)
Belated Form 10B can’t justify taxing gross receipts: ITAT directs normal-rate assessment of surplus
ITAT Pune set aside NFAC/CIT(A) order which had upheld CPC’s action of taxing entire gross receipts by denying exemption u/s 11 due to belated filing of return & Form 10B audit report. Assessee-trust had filed an updated return declaring gross receipts of about ₹1.39 crore, claimed expenses of about ₹1.38 crore & disclosed marginal surplus after claiming exemption u/s 11. CPC denied exemption & taxed whole receipts.
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