Allahabad High Court
Commissioner Of Income Tax And Another vs M/S Hardayal Charitable And ... on 13 July, 2022
Bench: Surya Prakash Kesarwani, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- INCOME TAX APPEAL No. - 40 of 2022 Appellant :- Commissioner Of Income Tax And Another Respondent :- M/S Hardayal Charitable And Educational Trust Counsel for Appellant :- Ashish Agrawal Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Jayant Banerji,J.
Heard Sri Ashish Agrawal, learned counsel for the appellants.
In the first round, the Assessing Authority passed the order denying exemption on the ground that report in Form-10B was not filed along with the return. It is admitted to the respondents that it was filed subsequently. Another addition was made by the Assessing Officer on the ground that since report in Form-10B was not filed along with the original return, therefore, the amount of donation towards corpus of the trust is to be treated as revenue receipt. Genuineness of the donation was not questioned. The matter travelled up to the Income Tax Appellate Tribunal (ITAT), which allowed the appeal of the assessee and remanded the matter to the Assessing Authority to pass an order afresh. The ITAT observed that filing of audit report along within with filing of return was not mandatory and the same was curable defect. In spite of observations made by the ITAT, the Assessing Officer again denied exemption and made addition. Aggrieved with the remand assessment order, the assessee filed appeal before the CIT (Appeal) which was allowed. Aggrieved with the order of the CIT (Appeal), the Revenue filed Income Tax Appeal No.4389/Del/2017 (Assessment Year : 2011-12), which has been dismissed by the impugned order dated 24.11.2021. Detailed findings have been recorded by the Tribunal in paragraphs-8, 9 and 10 of the impugned order. We have also perused detailed findings of fact recorded by the CIT (Appeal). Perusal of the order of the CIT (Appeal) and the impugned order of the ITAT shows that the entire matter is concluded by concurrent findings of fact. Thus, no substantial question of law is involved in the impugned order of the Tribunal. Consequently, the appeal is dismissed.
Order Date :- 13.7.2022 NLY