University of North Bengal. v. DCIT(E) (2025) 213 ITD 415 (Kol) (Trib)

S. 10 (23C): Educational institution-Cash deposits in bank-Denial of exemption-Entire deposits cannot be added-Income has to be computed on a commercial basis after allowing the expenditure-Matter remanded to the file of the Assessing Officer. [S. 10(23C)(iiiab) 148]

 

Assessee university claimed that its income was exempt under section 10(23C)(iiiab). Accordingly, it did not file a return of income. However, no return of income was filed. The Assessing Officer added the entire cash deposits in the bank account, interest income and payments to hotel and restaurant bills to the income of the assessee without allowing any expenditure. CIT(A) dismissed the appeal on account of delay in filing of the appeal. On appeal, the Tribunal held that even if exemption under section 10(23C)(iiiab) was not allowed, entire deposits which were claimed to be out of fee received and grants from Government could not have been added without considering income on a commercial basis and after allowing expenditure. Therefore, the order of the Assessing Officer was to be set aside, and the issue was to be remitted to file of Assessing Officer for framing the assessment afresh after considering submissions which might be filed by the assessee in support of its claim for exemption under section 10(23C)(iiiab). (AY. 2015-16)

Leave a Reply

Your email address will not be published. Required fields are marked *

*