Assessee filed an application dated 26-3-2019 seeking grant of exemption as gross receipts of assessee exceeded Rs. 1 crore in financial year 2018-19. The revenue erroneously read year 2018-19 as assessment year instead of financial year and rejected application of assessee for grant of exemption on ground that same was barred by limitation. The Court held that there was total non-application of mind on part of revenue and it ought to have considered application of assessee, dated 26-3-2019 on merits by treating it for financial year 2018-19 and assessment year 2019-20 instead of rejecting it as barred by limitation. Accordingly the rejection of application was set aside. (AY. 2019-20)
Rajamahendri Educational Society v. UOI (2021) 431 ITR 217 / 276 Taxman 18 / 204 DTR 90/ 321 CTR 616(AP)(HC)
S. 10(23C) : Educational institution-Educational college for intermediate, degree and post-graduation courses for women-Erroneous reading of assessment year by prescribed authority in form 56D – Rejection application was set aside . [S. 10(23C)(vi), Art. 226]