9911796707
TMI Blog2022 (11) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... t) declaring Nil income. In the return filed, the Assessee had shown the following in the statement of income: 1. Voluntary contribution forming part of corpus as Per section 11(1)(d) NIL 2. Voluntary Contributions other than corpus 12,27,281-00 3. Aggregate of income referred in section 11 and 12 derived during the previous year excluding voluntary contribution included in 1 and 2 above 14,03,257-00 4. i. Amount applied to charitable purposes in India during the previous year - Revenue Account 26,30,538-00 vii. Total (4i) 26,30,538-00 16. Gross total income NIL" 3. The return was processed and an intimation u/s. 143(1) of the Act dated 30.09.2019 was passed by DCIT, CPC with reference to the return of inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing aggrieved by the aforesaid intimation u/s.143(1) of the Act, the Assessee filed appeal before CIT(A) contending that while processing return, the CPC cannot issue intimation under section 143(1) denying benefit of deduction under section 11 of the Act. The First Appellate Authority however dismissed the appeal of the Assessee for non-prosecution. Hence, this appeal by the Assessee before the Tribunal. 7. I have heard the rival submissions. One of the conditions for grant of exemption u/s.11 of the Act, is that the Assessee should get itself registered as a charitable organization u/s.12A of the Act from the Commissioner of Income Tax. It appears that the Assessee did not enjoy registration u/s.11 of the Act for Assessment Year 2018-19. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty held under trust of any assessment year preceding the aforesaid assessment year, for which assessment proceedings are pending before the Assessing Officer as on date of such registration and the objects and activities of such trust or institution remain the same for such preceding assessment year: Provided further that no action under section 147 shall be taken by the Assessing Officer in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non-registration of such trust or institution for the said assessment year: Provided also that provisions contained in the first and second proviso shall not apply in case of any trust or institution which was refused registration or the regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herein. Hence, I am of the view that the argument advanced by the learned DR cannot be accepted. 10. The scope of powers of CPC while processing a return of income electronically is laid down by Sec.143(1)(a) of the Act which reads as follows: "Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:- (a) the total income or loss shall be computed after making the following adjustments, namely:- (i) any arithmetical error in the return; [***] (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iii) disallowance of loss claimed, if return of the previous year for whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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