VIVEKANANDA SEVA TRUST, TIRUPUR V. ACIT EXEMPTIONS, COIMBATORE

ITA 380/CHNY/2023

AI Insights

The case involves Vivekananda Seva Trust, which appealed against the denial of deduction under Section 11 of the Income Tax Act for the Assessment Year 2016-17. The deduction was initially denied by the Central Processing Centre (CPC) in Bengaluru due to an error in the Income Tax Return forms, where the Trust mistakenly filled out a schedule applicable only to entities carrying on business. The Commissioner of Income Tax (Appeals) upheld this decision, leading to the Trust's appeal to the Income Tax Appellate Tribunal. The Tribunal found that the error was inadvertent and did not constitute a new claim, thus setting aside the previous orders and directing a re-assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134256 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 11-07-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 22-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revised return; Set aside
• Section: 154; 11; 139(5)

Judgement Text

आयकर अपीलीय अिधकरण “बी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय ी महावीर िसंह, उपा ! एवं माननीय ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No.379/Chny/2023 (िनधा*रण वष* / As sessment Year: 2016-17) & आयकरअपील सं./ ITA No.380/Chny/2023 (िनधा*रण वष* / As sessment Year: 2016-17) Vivekananda Seva Trust K.Chettipalayam, Dharapuram Road, Tirupur-641 608. बनाम / V s . ACIT Exemptions Coimbatore. थायीलेखासं./जीआइआरसं./PAN/GIR No. A AAT K - 69 50- D (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri N.V.Narayanan (Advocate)-Ld.AR थ कीओरसे/Respondent by : Shri D.Hema Bhupal (JCIT)- Ld. DR सुनवाईकीतारीख/Date of Hearing : 12-07-2023 घोषणाकीतारीख /Date of Pronouncement : 12-07-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The grievance of the assessee for captioned Assessment Year (AY) is denial of deduction u/s 11 as applicable to a registered charitable trust. ITA No.379/Chny/2023 arise out of impugned order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 25.01.2023 against intimation dated 20.03.2018 issued by CPC, Bengaluru whereas ITA 2 ITA 379 & 380/Chny/2023 No.380/Chny/2023 arises out of the impugned order passed by same authority against rectification order passed by CPC, Bengaluru u/s 154 on 20.06.2018. In an intimation issued u/s 143(1), the assessee has been denied impugned deduction. The assessee sought rectification of the intimation wherein the said deduction has again been denied in rectification order passed u/s 154. The Ld. AR has submitted that the deduction has been denied only because of inadvertent error in filling up certain column in Income Tax Return forms. The Ld. AR placed on record copy of ITR-7. The Ld. Sr. DR submitted that the time limit to file revised return of income was already over and therefore, the assessee should seek condonation of delay from appropriate authority. Having heard rival submissions and upon perusal of case records, the appeals are disposed-off as under. 2. Upon perusal of ITR-7 as filed by the assessee, it could be seen that the assessee has inadvertently filled up column of Schedule-BP which are applicable only if the assessee carries on any business. The CPC has processed the return of income and taken gross receipts as the business income. The Ld. CIT(A) upheld the same on the ground that the assessee did not furnish return u/s 139(5) correcting the wrong entries in the original return of income. The new claim could not be entertained without revised return of income. 3. The assessee has filed rectification application with CPC on 08.05.2018 which got rejected vide order dated 20.06.2018. The Ld. CIT(A) confirmed the same on the same reasoning. Aggrieved as aforesaid, the assessee is in further appeal before us. 3 ITA 379 & 380/Chny/2023 4. From the case records, it is evident that the assessee is holding valid registration as applicable to a charitable trust. The impugned deduction has been denied only due to the fact that there was inadvertent error while filling up the schedules in Income Tax Return forms. The assessee sought rectification but the same was also denied. It could be noted that there is no fresh or new claim by the assessee but the error has occurred only due to wrong filling of columns / schedule in Income Tax Return forms. The ignorance / mistake of the assessee could not jeopardize a valid claim of the assessee. The object of the assessment is to determine correct income of the assessee and revenue could not gain out of errors committed by the assessee. Therefore, we set aside both the impugned orders and direct Ld. AO to verify the claim of the assessee within the framework of Sec.143(1) and re-compute the income of the assessee. 5. Both the appeals stand allowed for statistical purposes. Order pronounced on 12 th July,2023. Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा ! / VICE PRESIDENT लेखा सद) / ACCOUNTANT MEMBER चे3ई Chennai; िदनांक Dated : 12-07-2023 DS आदेश की Aितिलिप अ &ेिषत / Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकर आयु