ITO (E) v. Camellia Educare Trust (2023) 201 ITD 616/ [2024] 109 ITR 362 (Kol)( Trib)

S. 143(1)(a) : Assessment – Intimation – Charitable Trust- Income should be understood in its commercial sense – Computing total income of assessee equal to total receipts for year was not in accordance with commercial prudence – Addition deleted. [ S. 12AA ]

If the revenue fails to provide prior intimation to an assessee trust registered under section 12AA, before making an adjustment under section 143(1)(a) to disallow its exemption claim under section 11, then such an adjustment should be deleted. Further it was held that income should be understood in it’s commercial sense and computing total receipts of the assessee as total income is not prudent.(AY .2020 -21 )