9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (10) TMI 1155 - AT - Income TaxAssessment of trust - Addition on account of provisions of gratuity and prior period expenses - AO observed that the assessee has not claimed exemption u/s 10(23)(iiiab) of the Act and failed to submit requisite Audit Report in form No.10B - HELD THAT - As the assessee is an educational institution and existing solely for education purpose and not for the purpose of profit. It is noticed that the Assessing Officer has incorrectly stated that the assessee had not made any claim u/s 10(23)(iiiab) of the Act. In fact, the assessee had made claim u/s 10(23)(iiiab) of the Act. Therefore, we do not find any infirmity in treating the income at NIL by Ld.CIT(A). Thus, grounds raised by the Revenue are dismissed.
Issues:
1. Deletion of addition of provisions for gratuity and prior period expenses. 2. Allowance of exemptions u/s 11 & 12 without submitting Form 10B. 3. Allowance of exemption u/s 10(23C)(vi) despite claiming exemption u/s 11 & 12. Issue 1: Deletion of addition of provisions for gratuity and prior period expenses The Revenue challenged the deletion of additions made on account of provisions for gratuity and prior period expenses. The Assessing Officer added these amounts to the income of the assessee, citing that since the assessee enjoyed exemptions under sections 10, 11, or 12, these provisions could not be allowed. However, the Ld.CIT(A) deleted these additions, stating that the assessee, an educational institution, existed solely for educational purposes and not for profit, hence the income should not be included in the total income liable for tax. The Tribunal upheld the Ld.CIT(A)'s decision, dismissing the Revenue's appeal. Issue 2: Allowance of exemptions u/s 11 & 12 without submitting Form 10B The Revenue contended that exemptions under sections 11 & 12 were wrongly allowed as the assessee did not submit Form 10B along with the late filing of the Income Tax Return for the relevant assessment year. The Ld.CIT(A) allowed these exemptions, leading to the Revenue's appeal. The Tribunal examined the records and found that the assessee had indeed filed for registration under section 10(23C) of the Act and had made the claim in the return of income. The Tribunal noted that the Assessing Officer's denial of the claim was based on the failure to file Form 10B. Ultimately, the Tribunal upheld the Ld.CIT(A)'s decision, dismissing the Revenue's appeal. Issue 3: Allowance of exemption u/s 10(23C)(vi) despite claiming exemption u/s 11 & 12 The Revenue argued that the Ld.CIT(A) erred in allowing exemption u/s 10(23C)(vi) while the assessee only claimed exemptions under sections 11 & 12 in the return of income. The Tribunal reviewed the case, finding that the assessee had been granted registration under section 10(23C) and had claimed the exemption in the return of income. The Tribunal observed discrepancies in the Assessing Officer's denial of the claim based on the absence of Form 10B. Consequently, the Tribunal upheld the Ld.CIT(A)'s decision, dismissing the Revenue's appeal. In conclusion, the Tribunal upheld the Ld.CIT(A)'s decision in all three inter-connected grounds raised by the Revenue, dismissing the appeal and affirming the allowance of exemptions and deletion of additions based on the educational institution's non-profit nature and compliance with relevant provisions.
|
