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PRITINKER DIWAKER, SAUMITRA DAYAL SINGH
Commissioner of Income Tax Exemptions Lucknow – Appellant
Versus
Swami Omkarananda Saraswati Charitable Trust – Respondent
JUDGMENT
Pritinker Diwaker, ACJ.
Heard Sri Ashish Agrawal, learned counsel for the revenue and Sri C.S. Agrawal, learned Senior Advocate, assisted by Sri Shubham Agrawal, learned counsel for the assessee.
2. Present appeal has been filed by the revenue under section 260A of the INCOME TAX ACT , 1961 (hereinafter referred to as 'the Act') arising from the order of the Income Tax Appellate Tribunal, Delhi Bench:'B' New Delhi dated 07.09.2021, in ITA No. 1887/DEL/2018, DCIT Exemption Circle, Ghaziabad v. Swami Omkarananda Saraswati Charitable Trust for the A.Y. 2014-15. By that order the Tribunal has dismissed revenue's appeal and confirmed the order of the CIT (Appeals) Haldwani, dated 12.12.2017. By that order the CIT (Appeals) had (i) deleted addition of Rs. 17,15,732/- being surplus arising in the conduct of charitable activity (ii) allowed depreciation Rs. 22,90,026/- (iii) allowed benefit of organisational donation Rs. 49,93,587/- and (iv) allowed benefit of corpus donation of Rs. 10,30,98,704/-. Primarily the Tribunal has reasoned-similar nature of activity and donations etc. were subject matter of challenge in the assessment proceedings for A.Y. 2010-11. The CIT (Appeals) had a
Prior to 01/04/2022, excess charitable expenditure from earlier years can be set off against subsequent year income u/s 11(1)(a), constituting application in adjustment year; no Form 9A required; ame....
Under Section 263 of the Income Tax Act, a revisional authority must establish both error and prejudice, and cannot act without due compliance with principles of natural justice.
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