JANSEVA SHIKSHAN PRASARAK MANDAL KASBA ALTE ,ALTE TALUKA HATKANANGALE KOLHAPUR vs. INCOME TAX OFFICER EXEMPTION WARD, EXEMPTION WARD KOLHAPUR

Facts of the case, in brief, are that the assessee is a trust registered under the Bombay Public Trust Act as well as the Societies Registration Act. It is also registered u/s 12A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). The main object of the trust is for imparting education and is substantially financed by way of government grants. For assessment year 2021-22 the assessee e-filed its return of income on 15.03.2022 declaring total income at Nil. The return of the assessee was processed by the Ld. Assessing Officer / Central Processing Centre (CPC) u/s 143(1) of the Act on 23.08.2022 rejecting the assessee’s claim of exemption u/s 11, determining the total income of the assessee at Rs.2,14,04,070/-. The assessee filed a rectification application before the Assessing Officer wherein the Assessing Officer determined the income of the assessee at Rs.2,14,04,070/- and raised demand of Rs.98,90,730/- for the reason that the assessee filed its audit report in Form No.10B belatedly on 14.03.2022 as against the extended due date for filing Form No.10B for assessment year 2021-22 was 15.01.2022. The assessee’s application to the Commissioner of Income Tax, Exemption, Pune for condonation of delay in filing of Form No.10B was favourably allowed directing the JAO to pass rectification order on ITBA. The Ld. Assessing Officer however, rejected the assessee’s rectification application for the reason that the assessee has filed its return of income u/s 139(4A) of the Act by claiming exemption u/s 11 but it is not registered u/s 12A of the Act vide rectification order passed u/s 154 r.w.s. 143(1) dated 12.07.2024. 3

The Ld. CIT(A) / NFAC dismissed the appeal of the assessee by observing as under:

Aggrieved with such order of the Ld. CIT(A) / NFAC, the assessee is in appeal before the Tribunal.

We have heard the Ld. DR and perused the record. We find that the Assessing Officer / CPC has rejected the assessee’s rectification application vide order dated 12.07.2024 passed u/s 154 r.w.s. 143(1) of the Act upholding the total income of the assessee determined by the Assessing Officer / CPC vide Intimation u/s 143(1) dated 23.08.2022. On appeal, the Ld. CIT(A) / NFAC has rejected the assessee’s appeal for the reasons which we have reproduced in the preceding paragraphs. We find that the Ld. CIT(A) / NFAC has dismissed the assessee’s appeal by giving detailed reasoning and by passing a speaking order. Since nothing has been brought to our notice to take a contrary view than the view taken by the Ld. CIT(A) / NFAC, therefore, we uphold the order of the Ld. CIT(A) / NFAC.

DR, ITAT, ‘A’ Bench, Pune

The concerned Pr.CIT, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, ////