Section 10(23C) exemption cannot be denied for Filing of ITR-5 instead of ITR-7

Shahu Shikshan Prasarak Mandal Vs ACIT (Exmp) (ITAT Pune)

ITAT Pune held that denial of exemption under section 10(23C) of the Income Tax Act for bonafide mistake of filing ITR-5 instead of correct ITR-7 not justifiable since the same is just a procedural technical mistake.

Facts- The assessee trust is registered under Bombay Public Trust Act as educational trust. AO noted that the assessee did not file any documents indicating grant of approval u/s 10(23C)(vi) or section 12AA of the Act and hence not eligible to claim its receipts/income as exempt from taxa

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