9911796707
TMI Blog2022 (3) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... holding the view that the mistake was not apparent from the records only by considering the information contained in the return when the claim of the assessee that the trust was approved u/ s 14A was correct, verifiable from the records itself at the time when processing u/ s 143(1) was completed and as such the mistake was apparent from records. 3. That the Ld CIT(A) was otherwise also not correct in holding the view that the mistake requested to be rectified was not apparent from the records. 4. For that the ld CIT(A) should have directed to allow the sum of Rs. 5,06,446/- while computing the taxable income. 5. For that the Ld CIT(A) erred in not allowing the claim of the corpus donations of Rs. 193000/- claimed as such in the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n u/s. 12A of the Act and this year (AY 2016-17) was the first year of its formation and having duly applied for the registration u/s. 12A of the Act and it was granted by the Ld. CIT(E) though on 05.05.2016, the registration u/s 12A of the Act was granted to the Trust w.e.f. 16.11.2015 u/s. 12A of the Act. According to the Ld. AR even though this was the factual position, however, since the return of income was filed when the assessee was not in receipt of this order dated 05.05.2016 (albeit w.e.f. 16.11.2015,12A registration) obviously the assessee did not reflect about it in the return of income [registration u/s 12A of the Act]. In the aforesaid circumstances, the CPC when it was processing the return of income filed by the assessee on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 11 of the Act and computed the total taxable income at Rs. 7,06,033/- in place of the assessee's returned income of Rs. 6,790/-. According to assessee since it was having registration u/s. 12A of the Act from 16.11.2015, so according to it, it should get the benefit of section 11 of the Act. According to the assessee, it has received total voluntary contribution to the tune of Rs. 9,22,670/- out of which corpus donation was to the tune of Rs. 1,93,000/- and that the assessee trust had applied Rs. 5,06,246/- towards charitable activities during the year under consideration and only because the assessee could not bring to the notice of the CPC in its return of income the fact of it having registration u/s 12A of the Act, the CPC while proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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