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TMI Blog2025 (3) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee and accepted by the AO amounts to only Rs. 1,00,760/-. Assessee being a trust has been assessed in the capacity of AOP which finds mention in the body of the assessment order also. The basic limit upto which incomes of AOP's are not subject to tax, it was pointed out to us was Rs. 2,50,000/-. This was pointed out by assessee and not controverted by the DR. Even considering the provisions of section 139(4C) of the assessee, the assessee was not required to file any return of income.
Therefore, it is evident from the above discussion that the denial of claim of exemption u/s 10(23C)(iiiae) was not in accordance with the provisions of law. The order passed by the CIT(A) is therefore set aside. Appeal of the assesse is allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... information that the assessee had a contract receipt of Rs. 12,54,400/- from Ahmedabad Municipal Corporation during the year, therefore, the case of the assessee was reopened by issuing notice under section 148 of the Act. 6. In response to the same, the assessee filed return of income declaring income at Rs. 1,00,760/-. The return filed was scrutinized by the AO and income declared therein accepted. The claim of the assessee for exemption under section 10(23C)(iiiae) of the Act was, however, denied for the reason that original return of income had not been filed by the assessee. The decision of the CIT(A) in this regard is as under: V. DECISION: - I have gone through the detail assessment order passed by Assessing officer (AO) and de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was directed to enlighten the Bench with regard to the same, to which he contended that the claim was denied in terms of provisions of section 139(4C) of the Act. 8. We have gone through the provisions of section 10(23C)(iiiae) of the Act which read as under: 10. In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included- .... ..... ..... ...... (23C) any income received by any person on behalf of- iiiae) any hospital or other institution for the reception and treatment of persons suffering from illness or mental defectiveness or for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of non-fulfillment of any of the criterion mentioned in the sub-clause. The denial of the same is only for the reason that the original return of income was not filed by the assessee. There is no mention of any specific provision under the Act, while denying this claim of the exemption for not filing original return. However, the ld.DR has referred to the provisions of section 139(4C) of the Act in this regard. The same are reproduced hereunder: 139. (1) Every person,- (a) being a company or a firm; or (b) being a person other than a company or a firm, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion referred to in sub-clause (b) of clause (24) of section 10; (fa) Board or Authority referred to in clause (29A) of section 10; (g) body or authority or Board or Trust or Commission (by whatever name called) referred to in clause (46) of section 10; (h) infrastructure debt fund referred to in clause (47) of section 10, shall, if the total income in respect of which such research association, news agency, association or institution, person or fund or trust or university or other educational institution or any hospital or other medical institution or trade union or body or authority or Board or Trust or Commission or infrastructure debt fund or Mutual Fund or securitisation trust or venture capital company or venture capital fund is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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