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M/S. H M V Educational Cultural & Social ... vs The Income Tax Officer[Exemptions], ... on 23 March, 2023

file Form-10B within the due date as the C.A was handling the case underwent open heart surgery and could not attend the work. The CPC in the intimation u/s. 143(1) of the Act has denied the exemption on the ground that Form-10B was not filed within due date and the same has been confirmed by Ld Addl. CIT(A). The Ld. AR has submitted that the CPC has taxed the gross total receipts of Rs.1,90,83,483/- without allowing the revenue expenditure and taxing the same as per commercial principle even if exemption of Section 11 and 12 of the Act was denied. The Ld. AR has submitted that the assessee has subsequently filed a condonation petition before Ld. CIT(E), which is pending for disposal. The Ld. AR has relied on the order of ITAT, Bangalore in the case of HMV Educational Cultural & Social Trust v. ITO in ITA No.9/Bang/2023 and the decision of Hon'ble Gujarat High Court in the case of Association of Indian Panelboard Manufacturer in Tax Appeal No.655/2022 (Guj.).
Income Tax Appellate Tribunal - Bangalore Cites 16 - Cited by 1 - Full Document
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