Assessee, charitable trust, claimed deduction under section 11(1)(a) However, same was not allowed by Assessing Officer on ground that assessee while filling ITR did not mention section 12A details. Assessee submitted that denial of deduction merely due to bona fide error in ITR was unjust. Tribunal held that since audit report filed by assessee suggested that assessee was a trust and assessee had been allowed benefit of section 12A in previous and subsequent years, claim of assessee for deduction as claimed in ITR was allowable. Delay of 1672 days in filing appeal before the CIT(A) was condoned. Relied on Pathapati Subba Reddy v. Special Deputy Collector (LA)(2024) SCC Online SC 513 (AY. 2013-14)
Seth RB Moondhra Memorial Charitable Trust. v. CIT (2025) 212 ITD 567 (Jaipur) (Trib.)
S. 11 : Property held for charitable purposes –Accumulation-Deduction was not allowed-Benefit of section 12A in previous and subsequent years, claim of assessee was allowable-Delay of 1672 days in filing appeal before CIT(A) was condoned. [S.11(1)(a),11(5), 12A,143(1)(a), 254(1), R. 17]