9911796707
TMI Blog2022 (3) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... suming data given in the audit report, whereas no audit report is filed by the assessee as the same is not required to be filed by the appellant as per the provision of law. 2. For that, the Ld. CIT is wrong and unlawful in passing an order under section 250 dismissing the appeal filed by the assessee where all required data, details and information are available in the ITR filed by the assessee. 3. For that the Ld. CIT has erred both in law and fact by upholding the order dated 26.9.2019 passed under section 143(1) of the Income tax Act disallowing expenses amounting to Rs. 73,10,521/- by the AO-CPC, Bangalore without considering the details of expenses reported by the assessee in Form ITA-7, Part B-TI, Column-4 and in Schedule ER. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re made after opportunity is given to the appellant. 5. At the time of hearing, Ld. A.R. of the assessee submitted that the appellant trust is running its school since the year 1982 and it has been filing the return of income claiming exemption u/s. 10(23C) of the Act. Ld. A.R. submitted that the appellant trust was not registered under section 12AA of the Act. He submitted that the Ld. CIT(A) has mainly confirmed the addition on the ground that the AO must have gone through the audit report filed by the assessee but actually, no audit report is filed by the assessee as the same is not required to be filed by the assessee as per the provisions of law. Ld. A.R. submitted that merely because due to inadvertent mistakes at the time of filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exclusively for purpose of making or earning such income were also to be allowed under section 57(iii) of the Act. 6. Replying to above, Ld. SR DR vehemently opposed to the submission of the assessee and submitted that when the assessee itself is submitting wrong information in the e-return, then AO-CPC cannot be blamed for making addition on the basis of such e-return. Ld. SR DR also pointed out that the assessee received notice from CPC vide dated 16.8.2019, which was not properly replied by the assessee, therefore, no fault can be attributable to the CPC in this regard. Therefore, addition made by the AO-CPC and confirmed by the Ld. CIT(A) may kindly be confirmed. 7. Ld. SR DR also submitted that when the assessee itself is stating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roverted by Sr. DR by way of any other judgments of the higher forum or Co-ordinate Benches of the Tribunal. 10. Undisputedly rather admittedly, the assessee does not enjoy registration u/s. 12AA of the Act and as per e-return filed before the Bench, as per column 3, the assessee has shown receipt of income of Rs. 97,10,521/- and as per column 4(i), amount applied during the previous year or expenditure incurred during the previous year as per revenue account was Rs. 73,10,521/-. In absence of registration u/s. 12AA of the Act, the assessee has to be treated as an AOP for the purpose of calculation of tax liability in the hands of the assessee. In this situation, as per normal accounting principles and keeping in view the preposition rende ..... X X X X Extracts X X X X X X X X Extracts X X X X
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