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ITAT Ahmedabad Allows Section 10(23C)(iiiab) Exemption Despite Wrong ITR Form Filing

Case Law Details

Case Name
Society for Creation of Opportunities Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Society for Creation of Opportunities Vs ITO (ITAT Ahmedabad) Substance Over Form- Wrong ITR Form Can’t Deny Substantive Exemption -Educational Society Financed by Govt. Entitled to 10(23C)(iiiab) Assessee, SCOPE, an educational society substantially financed by the Government of Gujarat, filed its return of income for AY 2012-13 in Form ITR-5 instead of the prescribed Form ITR-7. In the return filed on 31.03.2013, it declared NIL income after claiming exemption of ₹16.30 crore under section 10(23C)(iiiab). Since the wrong form was used, CPC processed the return u/s 143(1) & treated th...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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