Annai velankanni educational and Social Society, Cuddalore V. DCIT (Exemptions), Chennai

ITA 1278/CHNY/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6712 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 21-05-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 30-04-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 11; 12AA

Judgement Text

आयकर अपीलीय अिधकरण “ए” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय ी एबी टी. वक , ाियक सद" एवं माननीय ी मनोज कु मार अ'वाल ,लेखा सद" के सम)। BEFORE HON’BLE SHRI ABY T. VARKEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM 1. आयकरअपील सं./ ITA No.1278/Chn y/2024 (िनधा*रण वष* / As sessment Year: 2018-19) & 2. Sta y Application No.25/Chn y/2024 (In ITA No.1278/Chn y/2024) (िनधा*रण वष* / As sessment Year: 2018-19) Annai Velankanni Educational and Social Society Angucherry Palayam, Panruti Cuddalore-607 106. बनाम / Vs . DCIT (Exemptions) Chennai-34. थायीलेखासं./जीआइआरसं./PAN/GIR No. AABTA-9910-E (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Ms. N.V. Lakshmi (Advocate)-Ld. AR थ कीओरसे/Respondent by : Shri AR V Sreenivasan (Addl.CIT) -Ld. DR सुनवाईकीतारीख/Date of Hearing : 22-05-2024 घोषणाकीतारीख /Date of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee arises out of an order passed by Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 15-03-2024 in the matter of penalty levied by Ld. Assessing Officer [AO] of Rs.41.40 Lacs u/s 270A of the Act allegedly for under-reporting of income vide order dated 26- 02-2022. The Ld. AR assailed the invocation of provisions of Sec.270(9) and submitted that no case of under-reporting could be made out against the assessee considering the assessment framed by Ld. AO. The Ld. Sr. DR, on the other hand, justified impugned penalty. The assessee is a registered trust u/s 12AA and eligible for exemption u/s 11 /12. Having heard rival submissions and upon perusal of case records, our adjudication would be as under. 2. Facts leading to impugned penalty are that during assessment proceedings, it transpired that the assessee donated corpus donation of Rs.67 Lacs to another trust which was treated as application of income for charitable purposes. The Ld. AO, invoking Explanation-2 to Sec.11 (1), denied the said claim. Consequently, Ld. AO proceeded to impose impugned penalty on the allegation that there was under-reporting of income. In the absence of any cogent reply forthcoming from assessee, Ld. AO imposed penalty of Rs.41.40 Lacs. 3. During appellate proceedings, the assessee, inter-alia, submitted that denial of application of corpus donation do not give rise to any taxable income in the hands of the assessee and therefore, no penalty could be levied. However, Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us. 4. From computations as made by Ld. AO in the assessment order, it could be seen that on gross receipts of Rs.755.38 Lacs, the assessee has claimed application of Rs.741.66 Lacs which include impugned donation of Rs.67 Lacs. Accordingly, the application of income was restricted to Rs.674.66 Lacs. The assessee set-apart 15% of surplus for utilization in future period. The same was claimed to be Rs.113.30 Lacs. In view of disallowance of Rs.67 Lacs, this set apart amount has been restricted to the extent of Rs.80.72 Lacs. Thus, ultimately no taxable income has accrued in the hands of the assessee and therefore, no case of under-reporting of income could be made against the assessee. Accordingly, we delete the impugned penalty and allow the appeal of the assessee. 5. The appeal stand allowed. The connected stay application has been rendered infructuous. Order pronounced on 3 rd June, 2024 Sd/- Sd/- (ABY T. VARKEY) (MANOJ KUMAR AGGARWAL) ाियक सद" /JUDICIAL MEMBER लेखा सद" / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated :03-06-2024 DS आदेशकीHितिलिपअ'ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु=/CIT Chennai. 4. िवभागीय ितिनिध/DR 5. गाडBफाईल/GF