Assessee-trust was in receipt of a certain amount from the Government which was credited to Income and Expenditure Statement under head ‘grant-in-aid’ for establishment expenses. A.O. added the said amount to the income of the assessee. It was noted that for recognition of an amount as a receipt under Accounting Standard-12, two conditions were required to be present, viz. (a) if Government grant was expected to be realised or its collection was reasonably certain; (b) conditions pertaining to said Government grant had been complied with. Since the issue of specific Accounting Standard was not dealt with by the AO, matter was remanded back for verification as to whether the said amount was actually receivable, whether assessee had been accounting for such grants on receipt or mercantile basis in past and whether there were any terms and conditions pertaining to said arrangement between assessee and Government regarding receipt of such amounts. AO was directed to analyse these issues and thereafter come to conclusion as to whether the impugned amount would be treated as income for year under consideration or in the year of actual receipt. If CBDT condone delay in filing Form No 10, the assessee would get consequential benefits under section 11(2) read with section 139(9) of the Act. (AY. 2016-17)
ACIT (E) v. Chanakya National Law University (2025) 210 ITD 333 (Patna) (Trib.)
S. 4: Charge of income-tax-receipt of certain amount from Government-credited to Income and Expenditure Statement under head ‘grant-in-aid’ for establishment expenses-issue of specific Accounting Standard was not dealt with by the AO, matter was to be remanded back to inter alia verify receipt of income and method of accounting adopted for the same-Form No 10-Condonation of delay-If CBDT condone dely in filing Form No 10, the assessee would get consequential benefits under section 11(2) read with section 139(9) of the Act.[S. 11,(2), 139(9), 145]
Leave a Reply