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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Shri Dalauda Aman Nishant CIT Exemption, Sikshan Samiti, Dalauda Bhopal बनाम/ Distt. Mandsaur Vs. (Appellant) (Revenue ) P.A. N. AADAD 8405 G Appellant by Shri Rajesh Mehta, CA Revenue by Shri R.P. Maurya, Sr. DR Date of Hearing: 14.10.2020 Date of Pronouncement: 24 .11.2020 आदेश / O R D E R PER KUL BHARAT, J.M: This appeal by the assessee is directed against the order of ld. Commissioner of Income Tax (Exemption), Bhopal dated 28.9.2019 challenging the denial of exemption sought through the application filed u/s 10(23C)(vi) of the Income Tax Act.
I.T.A. 921 of 2019 2 Shri Dalauda …. 2. The assessee society applied for exemption u/s 10(23C)(vi) of the Income Tax Act. However, the ld. CIT(E) denied the exemption on the ground that the assessee society did not furnish the proof of electronically filing/upholding of Form No.10BB and receipts of the school is less than Rs.1 crore.
Being aggrieved, the assessee is in appeal before this Tribunal.
Before us, the ld. counsel for the assessee vehemently argued that the ld. CIT(E) was not justified in denying the registration for grant of exemption u/s 10(23C)(vi) of the Income Tax Act for want of Form No.10BB as the assessee society had furnished audited financial statement and Form No.10BB is required only when the registration has been granted and not before that. Further, ld. Counsel for the assessee submitted that u/s 10(23C)(vi), it is nowhere prohibited that application shall not be accepted if turnover is less than Rs.1 crore.
Ld. counsel for the assessee further reiterated the submission as made in the written synopsis and placed reliance on the judgment of the Hon'ble MP High Court in the case of Lokmanya Shiksha Samiti vs. ITO (2013) 39 taxmann.com 15 (MP) [WP No. 7902 of 2013].
On the contrary Ld. Departmental Representative (DR) relied upon
I.T.A. 921 of 2019 3 Shri Dalauda …. the order of the ld. CIT(E) but could not controvert the submission of the ld. Counsel for the assessee by bringing any contrary material on record.
We have heard rival submissions and perused the material available on record and gone through the orders of authorities below.
We find that the Ld. CIT(E) rejected the registration for grant of exemption on the ground that the assessee society did not furnish the proof of electronically filing/upholding of Form No.10BB and receipts of the school is less than Rs.1 crore. However, we find force in the contention of the ld. Counsel for the assessee that Form No.10BB is required only when the registration has been granted. Further, the assessee has filed a paper book running into 22 pages wherein relevant papers/ judicial pronouncements in support of the claim have been annexed. The same need reconsideration at the level of the ld. CIT(E). Thus, the order of the ld. CIT(E) is set aside and the matter is restored back to the file of the ld. CIT(E) who shall decide the matter afresh. Needless to mention here that the assessee shall be provided adequate opportunity of being heard and the assessee is at liberty to furnish the relevant papers/submissions/decisions, if any, in support of I.T.A. 921 of 2019 4 Shri Dalauda …. the claim. 6. In result, the appeal filed by the assessee is allowed for statistical purposes only. Order was pronounced in the open court on 24.11.2020.