Case Law Details
Shambhu Dayal Harish Chand Charitable Trust Vs DCIT (ITAT Delhi)
ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.
Facts- The assessee is a charitable trust filed return of income. Since the income of the assessee trust has not been fully utilized during A.Y. a sum of Rs. 34,73,758/- was accumulated or set apart for carrying out the purpose of the trust in the succeeding Assessment Years and Form No. 10 was filed on 14/10/2016. The return was processed by the CPC and the intimation u/s 143(1) of the Act dated 27/04/2007 was issued, application of Rs. 34,73,758/- was denied and demand of Rs. 10,42,290/- raised. The assessee filed an application u/s 154 of the Act before the CPC to delete the said demand, the CPC rejected the same.
As against the order of the CPC, filed an appeal before the CIT(A) and the CIT(A) dismissed the appeal preferred by the assessee. Being aggrieved, assessee preferred the present appeal.
Conclusion- It is the case of the assessee is that the assessee should have filed u/s 11(2) of the Act but due to punching mistake the assessee had claimed the deduction u/s 11(1) of the Act. it is not the case of the Revenue that the assessee is not eligible for the benefit for the deduction u/s 11 Sub Clause 2 of the Act. The only reason for rejecting the application filed by the assessee is that there is no error apparent from the record of the order passed by the CPC.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
