DEPUTY COMMISSIONER OF INCOME TAX EXEMPTIONS BHUBANESWAR, BHUBANESWAR vs. NM LOK KALYAN TRUST, BHUBANESWAR
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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER MEMBER AND MANISH AGARWAL MANISH AGARWAL, ACCOUNTANT MEMBER , ACCOUNTANT MEMBER ITA No.429/CTK/2024 Assessment year: 2018-19 Dy. Commissioner Commissioner of of Vs. NM Lok Kalyan Trust, A/14, NM Lok Kalyan Trust, A/14, Income Tax (Exemptions), Income Tax (Exemptions), Surya Surya Nagar, Nagar unit-7, Bhubaneswar. Bhubaneswar. Bhubaneswar. PAN/GIR No. No.AAATN 6304 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri M.R.Sahu, CA Revenue by : Shri Sanjay Kumar, CIT DR Shri Sanjay Kumar, CIT DR Date of Hearing : 18/11/20 2024 Date of Pronouncement : 18/11/20 024 O R D E R Per Bench This is an This is an appeal filed by the revenue against the order of the ld against the order of the ld CIT(A), NFAC, Delhi dated CIT(A), NFAC, Delhi dated 29.8.2024 in Appeal No. in Appeal No.NFAC/2017- 18/10021748 for the ass for the assessment year 2018-19.
Shri M.R.Sahu, M.R.Sahu, ld AR appeared for the assessee and Shri the assessee and Shri Sanjay Kumar, ld CIT DR appeared for the revenue. DR appeared for the revenue.
It was submitted by ld CIT DR that the assessee is It was submitted by ld CIT DR that the assessee is not not entitled to the benefit of exemption benefit of exemption u/s. 11 as it was not claimed in the return of income as it was not claimed in the return of income and since it is not grant of registration and since it is not grant of registration u/s.10(23C)(vi) of the Act, u/s.10(23C)(vi) of the Act,
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therefore, the claim of exemption u/s.10(23C)(via) is not allowable to it. It was the submission that the ld CIT(A) erred in directing the Assessing Officer to verify the assessee’s claim u/s.11 of the Act and allow the same.
In reply, ld AR vehemently supported the order of the ld CIT(A). It was the submission that the assessee was entitled to the claim of exemption u/s.11 of the Act and ld CIT(A) has rightly directed the Assessing Officer to examine the claim and allow necessary relief. It was the further submission that the order of the Assessing Officer was u/s.143(1), wherein, entire receipts have been brought to tax and entire application has been disallowed. It was the submission that it is not permissible in an intimation u/s.143(1) of the Act.
We have considered the rival submissions. A perusal of the Central Scrutiny Report as filed alongwith the appeal filed by the revenue clearly shows that the ld CIT(A) has observed that the assessee is registered u/s.12AA of the Act vide registration certificate No.22/2007-08 dated 29.8.2007 and had duly filed Form No.10B, which makes it eligible to avail exemption u/s.11. No exemption was granted by CPC simply because the appellant, owing a typographical error, had wrongly mentioned a wrong section 10(23C)(via) of the Act. Ld CIT(A) by referring to the CBDT circular No.14(XI-35) of 1955 dated April 11, 1955, has observed that the Assessing officer should not take advantage of ignorance of law or mistake committed by the assessee while claiming of exemption in the return of income. The P a g e 2 | 3
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above findings of ld CIT(A) have not been dislodged by the revenue before us. Moreover, assesse has already filed Form 10B for making claim of exemption u/s.11 of the Act. This being so, we are of the view that the findings as arrived at by the ld CIT(A) is on right footings and does not call for any interference. In these circumstances, the grounds of appeal raised by the revenue stands dismissed.
In the result, appeal of revenue stands dismissed.
Order dictated and pronounced in the open court on 18/11/2024.
Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 18/11/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. The Appellant : Dy. Commissioner of Income Tax (Exemptions), Bhubaneswar 2. The Respondent: NM Lok Kalyan Trust, A/14, Surya Nagar, unit-7, Bhubaneswar 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Bhubaneswar 5. DR, ITAT, 6. Guard file. //True Copy//
By order
Sr.Pvt.Secretary ITAT, Cuttack
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