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TMI Blog2025 (5) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... ase and in law, the ld. AO, CPC, Bangalore made a mistake in as much as it Computed the Revenue Expenditure at Rs. 1,35,17,723/- and Capital Expenditure at Rs. 6,10,177/- aggregating to Rs. 1,41,27,960/- in Annexure-Schedule ER in the Intimation of Income but failed to consider the said application of income at Point no.6 while computing the total income at Rs. 1,41,27,960/ and raised a demand of Rs. 56,48,260/- on the assessee." 03. The ld. Counsel for the assessee submitted before the Bench that the issue raised in the additional ground qua the failure on the part of the ld. AO CPC to take into account the application of income while passing the intimation u/s 143(1) of the Act dated 31.03.2023. 04. The facts in brief are that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. AO / CPC while processing the return of income failed to consider the application of income of Rs. 1,41,27,960/- out of the total receipts thereby assessing the income at Ra. 1,41,27,960/- resulting into raising of income tax demand of Rs. 56,48,260/-. 06. In the appellate proceedings, the ld. CIT (A) simply dismissed the appeal of the assessee by observing that assessee has failed to furnish the complete copy of the order passed u/s 143(1) of the Act dated 31.03.2023 and thus, upheld the order u/s 143(1) passed by AO CPC. 07. The ld. AR vehemently submitted before us that the order passed by the ld. AO as well as ld. CIT (A) are not maintainable on the ground of not considering the application of income and therefore, may kindly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturn of income. In the appellate proceedings, the ld. CIT (A) simply dismissed the appeal on the ground that the assessee has not furnished complete copy of the order u/s 143(1) of the Act. We note that the restoration of issue to the file of the ld. CIT (A) would not serve any meaningful purpose as this is a open and shut case before us. The assessee is running a educational institution and income is exempt u/s 11 of the Act. We note that the gross receipts of the assessee was Rs. 1,41,27,960/- and the application of funds were also to the tune of Rs. 1,41,27,960/- comprising revenue expenditure of Rs. 1,35,17,723/- and capital expenditure of Rs. 6,10,177/-. Considering these facts on record, we are inclined to set aside the order of ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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