Rahul Raj
This Query has 6 replies

This Query has 6 replies

Subject: Legal Remedy for Removal of Income Tax Demand for AY 2024–25 – Charitable Trust with Section 12A and 80G Registration

I have a charitable trust registered under Section 12A and approved under Section 80G of the Income Tax Act, 1961. The trust regularly gets its accounts audited and files its income tax returns.

For Assessment Year 2024–25, my CA mistakenly filed Form 10BB instead of the applicable Form 10B. The Income Tax Return was also filed based on this incorrect filing.

When we discovered the mistake, we subsequently filed the correct Form 10B and revised the Income Tax Return. However, the Income Tax Department did not consider the revised filings and processed the return by disallowing the exemption claimed by the trust, resulting in an income tax demand.

I need a detailed, practical and legally supported solution to resolve this issue.

Please advise on the following:

1. Whether the department can deny the trust's exemption under Sections 11 and 12 merely because the wrong audit report form was initially filed, when the correct Form 10B and revised ITR were subsequently submitted.
2. Whether an application for condonation of delay under Section 119(2)(b), read with CBDT Circular No. 16/2024 dated 18 November 2024, is required in this case.
3. Which income tax authority should receive the condonation application, considering the time elapsed since the original due date.
4. Whether rectification under Section 154, a grievance on the Income Tax Portal, or an application to the Jurisdictional Assessing Officer/CIT (Exemption) is appropriate after condonation.
5. Whether an appeal before CIT(A) is necessary or advisable if the demand has already been raised and the appeal deadline is running or has expired.
6. The exact step-by-step procedure, relevant legal provisions, applicable CBDT circulars, supporting case laws and documents required to get the demand deleted.
7. Draft the condonation application and any subsequent rectification request or appeal grounds required in this case.

Please consider the fact that the error was inadvertent, the trust holds valid Section 12A and 80G registrations, and the correct audit report and revised return were filed after discovering the mistake. Explain the strongest available legal remedy and the appropriate order in which the applications should be filed.


P.Madhivadhanan
This Query has 1 replies

This Query has 1 replies

23 October 2026 at 21:34

Gift to nri relatives residing in usa

A father and mother in india wants to gift each 500000 INR to their daughter who is an NRI and settled in USA. Each has fill seperate form 145 ( old form 15CA) to repatriate money to their daughter is enough to repatriate?


laxmimittal
This Query has 2 replies

This Query has 2 replies

23 October 2026 at 12:41

GSTR-9C filing

FROM
CA LAXMI MITTAL
VAPI
23-10-2026

Re. Filing of GSTR-9C for F.Y. 2025-26

WE ARE TRYING TO FILE WITH OFFLINE UTILITY OF GRTR-9C, DOWNLOADED OFFLINE UTILITY , FILLED UP ALL DETAILS & UPLOADED SEVERAL TIMES JSON FILE , BUT " ERROR DOWNLOAD BUTTON IS NOT ACTIVATED AFTER TRYING SEVERAL TIMES
Pl. help us
Laxmi Mittal


Husseini
This Query has 3 replies

This Query has 3 replies

23 October 2026 at 12:28

GST input credit on commercial property

We have purchased under construction commercial property (office) value approx 75 Lacs. The seller issuing tax invoice charging 18% GST. Can we claim GST input Tax credit.


Magesh Sambath
This Query has 1 replies

This Query has 1 replies

Dear Sir/Madam,
We are making frequent royalty payments to the Mining Department for procurement of murum. Along with royalty, the department is recovering DMF charges and SI charges. Further, GST @ 18% is being levied on the SI charges.

In my view, since GST is being charged separately on the SI charges and the minerals are being procured for use in the course of business, the GST paid on SI charges should qualify as Input Tax Credit (ITC).

or RCM only applicable , please suggest us




P.Madhivadhanan
This Query has 1 replies

This Query has 1 replies

A Partner of firm introduced below 200000 in various days and totally introduced 1,45,00,000 during the year in his firm as partners capital . Is it attracts 269st to the firm.


deepak
This Query has 1 replies

This Query has 1 replies

22 October 2026 at 18:28

Intimation under section 245

We filed a return and claim of ₹50,000 for our client for A.Y. 2026-27. We have now received an intimation under Section 245, proposing to adjust this refund against an outstanding demand of ₹1,20,000 from previous years. There won't be any issue if the refund is adjusted for the client.Is it mandatory to file a response within 21 days?


BISWAJIT MAIKAP
This Query has 1 replies

This Query has 1 replies

22 October 2026 at 18:24

HOW TO ADJUST CREDIT NOTE AMOUNT ?

HOW TO ADJUST CREDIT NOTE AMOUNT? WHO IS SALING THROUGH ECOMMERCE OPERATOR LIKE AMAZON. CAN I ADJUST IT WITH NEGATIVE (-) VALUE IN TABLE NUMBER 15 ?


Viral
This Query has 2 replies

This Query has 2 replies

22 October 2026 at 16:49

Import Order Cancelled.

Dear Sir,
Advice for Import Order Cancelled & Advance payment returned how accounted the same.
We made advance = 26520 USD.
Party Realease = 26510 USD out of that in our EFC Account Actual 26400.99 USD Credited.
How Accounting Entry Passed.
Kindly advice.


aasit shah
This Query has 2 replies

This Query has 2 replies

I had issued 4256.600 gms Old Gold Jewellery with stones for melting to the karigar. Karigar melted & returned me 3989.680 gms showing loss of 266.920. how do i show loss of 266.920 gms in my books. as per transaction it is showing that still 266.920 gms is lying with karigar but actually it is loss in melting & refining.






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