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Andhra School of Preaching Rajahmundry Versus CIT (A) -2, Guntur

2017 (8) TMI 485 - ITAT VISAKHAPATNAM

Validity of intimation / adjustment u/s 143(1) - Exemption u/s 11A denied - Registration no. u/s 12AA was not mentioned in the ITR - Held that:- In this case, there was an evidence having filed application for registration but there was no evidence with the income tax department to show whether the revenue has rejected the assessee’s application for registration or not but allowed the exemption claimed by the assessee. Therefore, it is evident that the society has been granted the registration o .....

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n from the assessment records and there was no evidence to show that the registration applied for was rejected or cancelled, we hold that the adjustment made by the revenue in the intimation u/s 143(1) is beyond the scope of section 143(1) of the Act and accordingly, we set aside the orders of the lower authorities and delete the addition made by the A.O. - Decided in favour of assessee. - I.T.A.No.36/Vizag/2017 - Dated:- 9-8-2017 - SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, .....

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143(1) of the Income Tax Act, 1961 (hereinafter called as 'the Act') making the adjustment of ₹ 1,12,67,382/- and raising the demand of ₹ 40,64,638/-. The return was processed u/s 143(1) of the Act by CPC, Bangalore (AO). Aggrieved by the intimation u/s 143(1) of the Act issued by the CPC, Bangalore, the assessee went on appeal before the CIT(A) and the Ld. CIT(A) dismissed the appeal of the assessee. 3. Aggrieved by the order of the CIT(A), the assessee is in appeal before t .....

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AA of the Act, the income of the assessee is exempt and the revenue cannot withdraw the exemption claimed in the intimation u/s 143(1) unilaterally. The Ld. A.R. submitted the copies of the returns of income filed for the earlier years i.e. 1988-89 wherein the status was declared as AOP and the income was allowed as exempt. For the assessment years 1990-91, 1991-92, 1993-94 & 1994-95, the assessee placed the acknowledgements, wherein the assessee claimed the status as AOP (Trust), which was .....

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med u/s 11 of the Act. In this case, there was an evidence filed by the assessee before the A.O. evidencing application for the registration u/s 12AA of the Act and also the department has allowed exemption u/s 11 of the Act and assessed the status of the assessee as AOP (Trust). The assessee also filed application for registration u/s 12AA of the Act on 26.2.2016, which was granted by the CIT w.e.f. 26.2.2016. The Ld. A.R. argued that the assessee has filed application for registration way back .....

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t cannot unilaterally withdraw the exemption claimed by the assessee u/s 11 of the Act and make the additions to the returned income. Further, the Ld. A.R. argued that such adjustments are not permissible u/s 143(1) of the Act. 4. On the other hand, the Ld. D.R. vehemently argued that the assessee did not quote the registration certificate number in the return of income, therefore, the A.O. has rightly withdrawn the exemption u/s 11 of the Act and brought the entire receipts to tax. It is the du .....

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, perused the materials available on record and gone through the orders of the authorities below. The assessee is a society registered under the Societies Act. The society has applied for registration u/s 12AA of the Act, which was evident from the scrutiny assessment order passed by the A.O., for the assessment year 1996-97 vide order dated 29.12.1998. The A.O. has allowed the exemption u/s 11A of the Act. Further, the assessee placed evidences of having filed the returns of income for earlier .....

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e with the income tax department to show whether the revenue has rejected the assessee s application for registration or not but allowed the exemption claimed by the assessee. Therefore, it is evident that the society has been granted the registration or deemed to have been granted the registration and the department has not cancelled the registration subsequently. The return of income was processed u/s 143(1) of the Act and the adjustment made by the income tax department withdrawing the exempt .....

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justments, namely:- i. any arithmetical error in the return; [or] ii. an incorrect claim, if such incorrect claim is apparent from any information in the return; (b) the tax and interest, if any, shall be computed on the basis of the total income computed under clause (a); (c) the sum payable by, or the amount of refund due to, the assessee shall be determined after adjustment of the tax and interest, if any, computed under clause (b) by any tax deducted at source, any tax collected at source, a .....

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