Jan Shikshan Sansathan v. ITO (E) (2025) 233 TTJ 769 / 246 DTR 25 (Chd)(Trib)

S. 11 : Property held for charitable purposes-Revised claim by rectification application-Filed within the time prescribed u/s 139(5)-No intimation was issued u/s 143(1)-Denial of exemption is not valid.[S. 139(5) 143(1), 154(8)]

Held that the assessee-society having inadvertently shown its income under the head business income instead of income from other sources  in its return and later filed a rectification application, it was actually a revised return revising the head of income disclosing the income under the correct head of income and not a rectification application simpliciter; such return of income is deemed to be accepted by the Revenue and, therefore, there is no justification in denying the claim of exemption under s. 11 to the assessee-society. (AY.2016-17)

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