Sree Vishwabharathi Charitable Trust v. ITO (2025) 238 TTJ 828 / 178 taxmann.com 544 (Bang.)(Trib.)

S. 10 (23C): Educational institution-Exemption-Return-Wrong ITR Form cannot defeat exemption [S. 139, 10(23C)(iiiad)]

The assessee claimed exemption under section 10(23C)(iiiad) but filed the return in the wrong ITR Form. The Tribunal held that filing an incorrect return form is only a procedural lapse and cannot deprive the assessee of a substantive exemption. The matter was restored to the Assessing Officer to examine the eligibility of the exemption on merits. (AY. 2018-19)

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