ITO(EXEMPTIONS), CUTTACK, SHELTER SQUARE, TULASIPUR, CUTTACK vs. BLOCK VOLUNTARY ORGANIZATION FOR IMPROVEMENT OF CULTURE AND ECO ENVIRONMENT, BENTKAR, CUTTACK

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ITA 260/CTK/2024Status: DisposedITAT Cuttack06 August 2024AY 2016-173 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal concurred with the CIT(A)'s decision to condone the delay in filing the audit report. The Tribunal also noted that the tax effect was below the monetary limit for filing an appeal.

What were the facts?

The revenue appealed against the CIT(A)'s order which condoned the delay in filing the audit report in Form 10B and allowed exemption under Section 11. The assessee did not appear for the hearing.

What were the issues?

Whether the delay in filing the audit report in Form 10B can be condoned at the appellate stage, and if so, whether exemption under Section 11 can be allowed.

Which sections of the Income-tax Act were involved?

Section 11,Section 12A(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

For Respondent: Shri S.C.Mohanty, ld Sr DR
Hearing: 6/08Pronounced: 6/0

O R D E R This is an appeal filed by the revenue against the order of the ld inst the order of the ld CIT(A), NFAC, Delhi CIT(A), NFAC, Delhi dated 14.3.2024 in Appeal No. NFAC/2015 in Appeal No. NFAC/2015- 16/10253966 for the assessment year 2016-17.

2.

Shri S.C.Mohanty Shri S.C.Mohanty, ld Sr DR represented on behalf of the revenue. represented on behalf of the revenue. None appeared for the assessee. None appeared for the assessee.

3.

The grievance of the revenue in The grievance of the revenue in this appeal is that the ld CIT(A this appeal is that the ld CIT(A) erred in condoning the delay in filing of audit report in Form 10B and erred in condoning the delay in filing of audit report in Form 10B and erred in condoning the delay in filing of audit report in Form 10B and allowing the exempt allowing the exemption u/s.11 of the Act and consequently deleting the and consequently deleting the demand of Rs.4,96,426/ demand of Rs.4,96,426/-.

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4.

I have considered the rival submissions. On perusal of the order of the ld. CIT(A) clearly shows that the ld CIT(A) has condoned the delay in filing of the audit report in Form 10B and directed the AO to consider the Form 10B so filed and allow the claim of exemption u/s.11 of the Act following the decision of the Co-ordinate Bench of this Tribunal in the case of Jeevan Kalyana Sadhana Kendra, Nuapada vs ITO in dated 2.3.2023, wherein, following the judgement of the Hon’ble P&H High Court in the case of Shahzedanand Charity Trust, held that the audit report u/s.12A(1)(b) of the Act can be filed even at the appellate stage. In this case, it is noticed that the audit report has been filed with a delay alongwith affidavit. In view of above, we concur with the view taken by the ld CIT (A) in condoning the delay in filing the return. Even otherwise, in this case, the tax effect is below the monetary limit prescribed as per CBDT Circular No.17/2019, dated 8.8.2019, which is Rs.50 lakh for filing appeal before the Tribunal. On this ground also, the appeal of the revenue deserves to be dismissed and I do so.

5.

In the result, appeal of the revenue stands dismissed.

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