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TMI Blog2024 (6) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the rejection of application filed u/s 154 against the processing done by CPC u/s 143(1) leading to denial of exemption u/s 11 in utter disregard of the explanations filed which is arbitrary and unjustified. 2. That the Ld. Commissioner of Income Tax(Appeals) has further erred in holding that the rectification application was filed beyond the time limit which is an incorrect finding and as such the order passed is arbitrary and unjustified. 3. That the appellant craves leave to add or amend the grounds of appeal before the appeal is finally heard or disposed off. 4. That the order of the Ld. Commissioner of Income tax(Appeals) is erroneous, arbitrary, opposed to law and facts of the case and is, thus, untenable." 3. Briefly the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f other details, it is seen that the assessee has responded "Yes" in Column A(i) which reads as "Where, in any of the project / institutions run by you, one of the charitable purposes is advancement of any other object of general public utility" and the assessee has not given any details in this regard. 5. The AO accordingly held that there is no merit in the claim of the assessee and the rectification application was taken as filed. Thereafter the assessee carried the matter in appeal before the Ld. CIT(A) and the submissions made before the AO were reiterated. It was submitted that the income was wrongly shown under the head "business income" as against "income from other sources" and the information regarding application of fund has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missed." 7. Against the said findings and direction of the Ld. CIT(A), the assessee is in appeal before us. 8. During the course of hearing, the Ld. AR taken us through the original return of income filed on 31/08/2016 wherein in Part B- T-1 wherein the assessee has to disclose the statement of income, it was submitted that the assessee has shown the income of Rs. 36,59,222/-wrongly under the head "Profit and Gains of Business or Profession" as against "income from other sources" and as a result of that, the CPC, Bangalore while processing the return of income has denied the claim of exemption under section 11 regarding utilization of funds for the charitable purposes vide intimation u/s 143(1) dated 21/02/2018. It was submitted that imme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing rectification application could have filed the revised return of income, it was submitted that the application so filed by the assessee was in fact under section 139(5) whereby the assessee has filed the revised return of income and therefore without appreciating the material on record, the Ld. CIT(A) has recorded the said findings. It was accordingly submitted that necessary relief be allowed to the assessee. 11. Per contra, the Ld. DR has relied on the order of the lower authorities. 12. We have heard the rival contentions and purused the material available on record. The ld CIT(A) has returned a finding that there was a prima facie mistake committed by the assessee society wherein incorrect input were given in the return filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the correct head of income in the hands of the assessee society and rest all particulars remaining the same. The said return of income was in substance a return filed under section 139(5) though wrongly mentioned as filed u/s 139(4) for the simple reason that in the present case, the assessee has already filed the original return of income and question of filing the belated return of income u/s 139(4) doesn't arise. The said revised return of income has been filed within the stipulated time frame as so prescribed u/s 139(5) of the Act and given that no intimation u/s 143(1) has been issued by the CPC Bangalore within stipulated period of one year from end of the financial year in which return was so filed, it shall be deemed that such re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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