ITO EXEMPTION, RANCHI vs. NATIONAL UNIVERSITY OF STUDY AND RESERACH IN LAW, RANCHI

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ITA 368/RAN/2024Status: DisposedITAT Ranchi30 July 2026AY 2019-203 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 held that while Form No. 10 was filed late, the CIT(A) had correctly followed a coordinate bench decision that allowed for condonation of delay. The filing of the form was considered a procedural formality that could be condoned as it was filed before the assessment was completed.

What were the facts?

The revenue appealed against the CIT(A)'s order granting the assessee the benefit of accumulation under Section 10(23) of the Income Tax Act. The primary issue was that Form No. 10 for accumulation was filed belatedly, after the return of income.

What were the issues?

Whether the benefit of accumulation under Section 10(23) can be denied solely on the ground of belated filing of Form No. 10, and if the delay can be condoned.

Which sections of the Income-tax Act were involved?

Section 10(23)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI

Before: S/SHRI GEORGE MATHAN & RATNESH NANDAN SAHAY

For Appellant: Dr Jisuketan Pattanaik
For Respondent: Shri Sandipan Khan, Sr. DR
Hearing: 30/07/2026Pronounced: 30/07/2026

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE S/SHRI GEORGE MATHAN, JUDICIAL MEMBER AND RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITO Exemption, Ranchi Vs. National University of Study & Research in Law, Nusrl Campus, Pithoria Road, PO Bukru at Nagri, Ranchi – 834006, Jharkhand. PAN/GIR No. (Appellant) .. ( Respondent)

Assessee by : Dr Jisuketan Pattanaik Revenue by : Shri Sandipan Khan, Sr. DR Date of Hearing : 30/07/2026 Date of Pronouncement : 30/07/2026

O R D E R Per Bench This is an appeal filed by the revenue against the order of the ld CIT(A), NFAC, Delhi dated 11.07.2024 in Appeal No. NFAC/2018-19/10097593 for the assessment year 2019-20.

2.

Dr. Jisuketan Pattanaik, ld. AR appeared on behalf of the assessee. Shri Sandipan Khan, ld. Sr. appeared on behalf of the revenue.

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3.

It was submitted by ld. Sr. DR that the assessee had filed its return of income on 31.01.2019. The Form No.10 for accumulation was filed on 28.10.2020. It was the submission that the requirement of filing the requisite Form No.10 was two months before the filing of the return. It was the submission that the said Form having been filed belatedly, the assessee was not entitled to the benefit of accumulation under the provisions of Section 10(23) of the Act. It was the submission that the ld. CIT(A) erred in granting the assessee the benefit of the deduction u/s.10(23) of the Act, especially when the requisite Form No.10 has been filed belatedly.

4.

In reply, ld. AR on behalf of the assessee submitted that the Form No.10 admittedly had been filed belatedly but then the power to condone the delay in filing of the said Form is also available with the Commissioners. It was the submission that the ld. CIT(A) considered the fact that the filing of the Form is only a procedural formality and as the necessary form had been filed before the completion of the assessment, had directed the AO to grant the benefit of deduction in view of the decision of the coordinate bench of this Tribunal ITAT Chandigarh Bench in the case of Infrastructure Development Fund, passed in ITA No.220/CHD/2020 vide order dated 04.08.2020. He vehemently supported the order of the ld. CIT(A).

5.

We have considered the rival submissions. A perusal of the facts in the present case clearly shows that the ld. CIT(A) has considered the fact that the section does not specifically mandate such a limitation but it is the Rules which P a g e 2 | 3 prescribe so. This being so, ld CIT(A) has followed the decision of the ITAT Chandigarh Bench of this Tribunal in the case of Infrastructure Development Fund, referred to supra. Thus, he has followed the judicial discipline and, therefore, we find no error to interfere in the order of the ld.CIT(A) and accordingly the same stands dismissed.

6.

In the result, appeal of the revenue is dismissed.

Order dictated and pronounced in the open court on 30/07/2026. Sd/- sd/-

(RATNESH NANDAN SAHAY) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi; Dated 30/07/2026 Amit (Sr.PS) Copy of the Order forwarded to : 1. The Appellant : ITO Exemption, Ranchi 2. The Respondent: National University of Study & Research in Law, Nusrl Campus, Pithoria Road, PO Bukru at Nagri, Ranchi – 834006, Jharkhand. 3. The CIT(A)-NFAC, Delhi 4. Pr.CIT, Ranchi 5. DR, ITAT, 6. Guard file. By order //True Copy//

Sr.Pvt. Secretary ITAT, Ranchi

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