9911796707
TMI Blog2023 (12) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... on for rectification of income tax return erroneously filed by the previous counsel. 2. In rejecting the claim of the appellant society under section 11 and 12 as claimed in the return of income. 3. In treating the gross receipts of Rs 4,68,08,90,888/- (including government aid and grants to be the income of the appellant society. 4. In disallowing entire expenditure (including capital expenditure) incurred by the appellant society in pursuance of its charitable objects duly as defined in section 2(15) of the Income Tax Act, 1961. 5. The above grounds of appeal are independent and without prejudice to one another." 3. The grounds raised by the Revenue are as under:- "1. On the basis of facts and circumstances of the case and in l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued on 24.12.2016 wherein total income was computed at Rs. 4,68,08,90,890/- under the head 'income from business' as reported in the return denying the assessee's claim made therein that the said gross total income was inclusive of Rs. 4,68,08,90,890/- referred to in section 11 and 12 and that the said amount was applied to charitable purposes. Accordingly, the tax payable was worked out. 6. On receipt of intimation under section 143(1) of the Act the assessee moved an application for rectification dated 19.06.2017 under section 154 of the Act before the Ld. Assessing Officer ("AO") on 23.06.2017 stating therein inter alia as under:- "Please note that the previous Chartered Accountant of the assessee Gupta Jalan & Associates have w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts are not in dispute. The Ld. AR was candid enough to accept that mistake did occur in the ITR filed by the assessee in as much as the entire gross receipt was shown under the head 'income from business or profession' but it was an inadvertent mistake committed by the ex-CA of the assessee. None-the-less it is also a fact which cannot be denied by the Revenue that it was shown in the return that the said gross receipt was also the aggregate of income referred to in section 11 and 12 and that the entire said amount was applied to charitable purposes in India during the previous year. Our attention was drawn to the computation of total income placed at page 27 of the Paper Book which corroborates what has been stated above. It was the mista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessee is eligible for exemption of its income in the AY 2015-16 as well but its claim of exemption for the AY 2015-16 presently under consideration has not been examined by the Ld. AO/CIT(A). 12. On the facts and in the circumstances of the assessee's case both the Ld. AR and the Ld. CIT-DR conceded that the matter be sent to the Ld. AO to verify the assessee's claim of exemption under section 11 and 12 based on its past history and the material on records and to decide the matter afresh. We, therefore, in the interest of natural justice set aside the impugned orders of the Ld.AO/CIT(A) and restore the matter back to the file of the Ld. AO for verification of the assessee's claim of exemption under section 11 and disposal afresh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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