Iapl/40/2022 Of Commissioner Of Income Tax And Another v. M/S Hardayal Charitable And Educational Trust

Case :- INCOME TAX APPEAL No. - 40 of 2022 Appellant :- Commissioner Of Income Tax And AnotherRespondent :- M/S Hardayal Charitable And Educational TrustCounsel for Appellant :- Ashish Agrawal Hon'ble Surya Prakash Kesarwani,J.Hon'ble Jayant Banerji,J. Heard Sri Ashish Agrawal, learned counsel for the appellants. In the first round, the Assessing Authority passed the order denyingexemption on the ground that report in Form-10B was not filed along withthe return. It is admitted to the respondents that it was filed subsequently.Another addition was made by the Assessing Officer on the ground thatsince report in Form-10B was not filed along with the original return,therefore, the amount of donation towards corpus of the trust is to betreated as revenue receipt. Genuineness of the donation was notquestioned. The matter travelled up to the Income Tax Appellate Tribunal(ITAT), which allowed the appeal of the assessee and remanded the matterto the Assessing Authority to pass an order afresh. The ITAT observed thatfiling of audit report along within with filing of return was not mandatoryand the same was curable defect. In spite of observations made by theITAT, the Assessing Officer again denied exemption and made addition.Aggrieved with the remand assessment order, the assessee filed appealbefore the CIT (Appeal) which was allowed. Aggrieved with the order ofthe CIT (Appeal), the Revenue filed Income Tax AppealNo.4389/Del/2017 (Assessment Year : 2011-12), which has beendismissed by the impugned order dated 24.11.2021. Detailed findings havebeen recorded by the Tribunal in paragraphs-8, 9 and 10 of the impugnedorder. We have also perused detailed findings of fact recorded by the CIT(Appeal). Perusal of the order of the CIT (Appeal) and the impugned orderof the ITAT shows that the entire matter is concluded by concurrentfindings of fact. Thus, no substantial question of law is involved in theimpugned order of the Tribunal. Consequently, the appeal is dismissed. Order Date :- 13.7.2022NLY