TMI Blog2023 (2) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... n by the assessee itself is incorrect in filling of the relevant column, the same needs to be allowed to be rectified in the interest of justice. Hence, the matter is remanded back to the file of the JAO to consider the earlier return and subsequent return filed by the assessee and the mistake in filling the column no. A(i) be rectified. Appeal of the assessee is allowed. - ITA No. 1578/Del/2019 - - - Dated:- 28-12-2022 - Dr. B. R. R. Kumar, Accountant Member And Sh. Yogesh Kumar US, Judicial Member Assessee by : Sh. Dinesh Gupta, CA Revenue by : Sh. Kanav Bali, Sr. DR ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of the ld. CIT(A)-40, New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed as amount accumulated or set apart for application to charitable or religious purposes to the extent of 15% of income. 5. In addition, an amount of Rs. 12,89,892/- was claimed as exempt under section 11(1A). The return was processed under section 143(1) by the CPC, Bangalore. As per the intimation under section 143(1)(a), the benefit of exemption under section 11 was not given to the assessee and income chargeable under section 11(4) was computed at Rs. 77,23,693/-. A tax liability of Rs. 28,49,284/- was computed by the CPC as against refund of Rs.30,021/- claimed by the assessee. 6. Heard the arguments of both the parties and perused the material available on record. 7. In the case of the appellant it is seen that in the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn as defined in the Explanation to section 143(1) and is liable to be disallowed. 9. The ld. CIT(A) held that the assessee made a claim for exemption under section 11 where charitable purpose was shown under the category of advancement of any other object of general public utility and the entire receipts were shown from such activity. The ld. CIT(A) relied on the relevant portion of section 2(15) which reads as under: (15) charitable purpose includes relief of the poor, education, yoga, medical relief preservation of environment (including watersheds, forests and wildlife.) and preservation of monuments or places or objects of artistic of historic, interest, and the advancement of any other object of general public utility: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the first proviso to section 143(1)(a), as it stood during the relevant time, referred to prima facie, adjustments. The first proviso permitted the department, to make adjustments in the income or loss declared in the return in cases of arithmetical errors or in cases where any loss carried forward or deduction or disallowance which on the basis of information available in such return was, prima facie admissible, but which was not claimed in the return or in cases where any loss carried forward, or deduction or allowance claimed in the return which on the basis of information available in such return was, prima fade inadmissible. 12. The ld. CIT(A) held that in the instant case under consideration it was claimed in the return that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
