PAULSONS SOCIETY,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE, PUNE, PUNE

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1477/PUN/2026 िनधा�रण वष� / Assessment Year : 2017-18 Paulsons Society, Vs. ACIT, Exemption 1st Floor, Saideep, Gavdevi Circle, Pune. Housing Society, Dombivali- 421202. PAN : AAATP6174A Appellant Respondent Assessee by : Ms. Sneha More & Ms. Rutuja N. Pawar Revenue by : Ms. Bhavya I. V. Date of hearing : 20.07.2026 Date of pronouncement : 18.09.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 20.02.2026 passed by Ld. CIT(A)/NFAC for the assessment year 2017-18. 2. The appellant has raised the following grounds of appeal :- “1) That on the facts and in the circumstances of the case of the appellant and in law Ld. NFAC has erred in ignoring the order passed by Ld. CIT(Exemption), Pune u/s. 119(2)(b) of the Act

2 ITA No.1477/PUN/2026 wherein the delay in filing Form 10 had been condoned for A.Y. 2017-18. 2) That on the facts and in the circumstances of the case of the appellant and in law Ld. NFAC has erred in denying the claim governed u/s. 11(2) of the Act of Rs. 1,68,00,000/- for A.Y. 2017- 18. 3) That on the facts and in the circumstances of the case of the appellant and in law Ld. NFAC has erred in upholding the disallowance made by Ld. Assessing Officer of Rs. 1,68,00,000/- even though the delay in filing Form 10, was already condoned by order passed by Ld. CIT(Exemption), Pune for A.Y. 2017-18. 4) That the impugned order being contrary to law, evidence and facts of the case may kindly be set aside, amended and modified in the light of the grounds of appeal enumerated above and the appellant be granted such relief as is called for on the facts and in the circumstances of the case of the appellant and in law. 5) That each of the grounds of appeal enumerated above is without prejudice to and independent of one another. 6) That the appellant craves leave to reserve to himself the right to add, to alter or amend any of the grounds of appeal before or at the end of the hearing and to produce such further evidence, documents and papers as may be necessary.” 3. Facts of the case, in brief, are that the assessee is a trust duly registered u/s 12A of the IT Act and has filed its return of income on 29.03.2018 declaring income of Rs.Nil after claiming deduction u/s 11 of the IT Act. The case was selected for scrutiny through CASS and notice u/s 143(2) and 142(1) respectively were issued to the assessee. The Assessing Officer found that the assessee has claimed deduction u/s 11(2) of the IT Act for an amount of Rs.1,68,00,000/-, however, the notice in Form 10 was furnished belatedly, therefore, the Assessing Officer vide order dated

3 ITA No.1477/PUN/2026 25.12.2019 completed the assessment proceedings u/s 143(3) of the IT Act by determining the income of the assessee at Rs.1,68,75,040/- as against the income of Rs.Nil returned by the assessee. The above assessed income includes addition of Rs.1,68,00,000/- being disallowance of deduction u/s 11(2) of the IT Act and other addition of Rs.75,040/-. 4. Being aggrieved with the above assessment order, the assessee preferred an appeal before Ld. CIT(A)/NFAC. After considering the statement of facts, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee. 5. It is the above order against which the assessee is in appeal before this Tribunal. 6. We have heard Ld. Counsels from both the sides and perused the material available on record including the copy of order dated 18.06.2020 passed u/s 119(2)(b) of the IT Act by Ld. CIT, Exemption, Pune, wherein delay in filing Form 10 of assessment year 2017-18 was condoned by observing as under :-

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5 ITA No.1477/PUN/2026 7. From perusal of above order of Ld. CIT, Exemption, Pune, we are of the considered opinion that the delay in filing Form 10 has already been condoned and Ld. CIT(A) should have had considered this fact. However, we find that Ld. CIT(A) ignored the very fact of condonation of delay in filing Form 10 and dismissed the appeal, which is not justified. 8. Considering the totality of the facts of the case and in the light of delay condonation order dated 18.06.2020 and in the interest of justice, we deem it appropriate to set-aside the order passed by Ld. CIT(A) and restore the matter back to the file of the Jurisdictional Assessing Officer with a direction to decide the issue afresh and as per fact and law after following the direction issued in delay condonation order dated 18.06.2020 passed by Ld. CIT, Exemption, Pune, and after granting reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by the Jurisdictional Assessing Officer in this regard and to produce relevant documents, submissions and evidences, if any, in support of its contention without taking any adjournment under any pretext, otherwise the Jurisdictional Assessing Officer shall be at liberty to pass

6 ITA No.1477/PUN/2026 appropriate orders as per law. Thus, the grounds of appeal raised by the assessee are allowed for statistical purposes. 9. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 18th day of September, 2026. Sd/- Sd/- (R. K. PANDA) (VINAY BHAMORE) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 18th September, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.09.18 16:08:19 +05'30' आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr. CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “B” ब�च, 4. पुणे / DR, ITAT, “B” Bench, Pune. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.