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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 ..... are as under: 1. The order passed by lower authorities is bad in law and required to be quashed. 2. Ld. JCIT (A) erred in law and on facts in reopening of assessment without observing any escapement merely for making fishing and roving inquiry. 3. Ld. JCIT(A) erred in law and on facts in confirming addition of Rs. 100760/- made by AO by denying benefit u/s 10(23C)(iiiae) of the Income Tax Act. 4. Solitary issue, it was contended before us, related to denial of claim of exemption under section 10(23C)(iiiae) of the Act. The claim being denied, it was pointed out, for the reasons that the assessee had not filed original return of income, rather it had filed the return only in response to the notice under section 148 of the Act. 5. Ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led return of income for A.Y. 2012-13 on 13.12.2019 declaring total income of Rs. 1,00,760/. The AO had not made any addition during assessment rather accepted total income of Rs. 1,00,760/-, however appellant argued that AO erred in not allowing exemption of Rs. 1,00,760/- u/s. 10(23C) (iiiae) of the Income Tax Act, 1961. The appellant trust had not filed original return within due date, rather it had filed return only in response to 148 notice. Under law, appellant only can claim exemption, if it had filed original return within due date. Further, AO had not specifically mentioned anything in assessment order denying exemption. Therefore, appellant's argument is rejected. In the result appeal filed by appellant is dismissed. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in sub-clause (iiiae), the exemptions under these clauses shall not apply, if the aggregate of annual receipts of the person from such university or universities or educational institution or institutions or hospital or hospitals or institution or institutions, exceed five crore rupees; or 9. As per the said provision any hospitals or institutions, fulfilling conditions mentioned under the said clause and existing solely for philanthropic purpose and not for the purpose of profit are entitled to exemption of their entire income, provided their receipts from the running of such hospitals or institutions does not exceed Rs. 5 crores. Thus, hospitals/institutions running wholly for philanthropic purpose, are entitled to claim exemption of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to in clause (23AAA) of section 10; (d) institution referred to in clause (23B) of section 10; (e) fund or institution referred to in sub-clause (iv) or trust or institution referred to in sub-clause (v) or any university or other educational institution referred to in sub-clause (iiiab) or subclause (iiiad) or sub-clause (vi) or any hospital or other medical institution referred to in sub-clause (iiiac) or sub-clause (iiiae) or sub-clause (via) of clause (23C) of section 10; (ea) Mutual Fund referred to in clause (23D) of section 10; (eb) securitisation trust referred to in clause (23DA) of section 10; (eba) Investor Protection Fund referred to in clause (23EC) or clause (23ED) of section 10; (ebb) Core Settlement Gua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aiming their incomes exempt under the specified clause, which includes 10(23C)(iiiae) of the Act also, to file their return of income, if their income, without claiming exemption exceeds maximum limit, which is not liable to tax. Section 139(4C) of the Act, therefore, only mandates the filing of the return of income in specified circumstances by entities claiming their incomes as exempt under different provisions of the Act. Such section does not provide for denial of claim of exemption if the return of income is not filed. 12. Even otherwise, the income returned by the assessee and accepted by the AO amounts to only Rs. 1,00,760/-. The assessee being a trust has been assessed in the capacity of AOP which finds mention in the body of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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