JAIN INTERNATIONAL TRADE ORGANISATION,MUMBAI vs. DCIT EXEM, CIRCLE 1, MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J(SMC)’ BENCH
MUMBAI
BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
SMT RENU JAUHRI, ACCOUNTANT MEMBER
Jain
International
Trade Organization
Plot No.A-36, Near to the International Tunga
Hotel, JOI House
Road No.1, MIDC Marol
Andheri East
Mumbai – 400 093
Vs. DCIT-CPC/EXEM,
Circle-1
Mumbai – 400 020
PAN/GIR No.AABCJ8063A
(Appellant)
..
(Respondent)
Assessee by Ms. Vaishali More
Revenue by Shri Asif Karmali, Sr. DR
Date of Hearing
14/07/2025
Date of Pronouncement
21/07/2025
आदेश / O R D E R
PER AMIT SHUKLA (J.M):
The aforesaid appeal has been filed by the assessee against order dated 30/04/2025 passed by Addl / JCIT-7, Delhi in relation to the adjustment made u/s.143(1) for the A.Y.2019-20. 2. In the grounds of appeal, assessee has challenged the exparte order passed by ld. CIT(A) and not condoning the delay in filing of the appeal. Apart from that on merits, it has challenged that Jain International Trade Organisation
2
exemption u/s.11 has wrongly been denied being capital gains applied for charitable purpose and re-invested in new capital asset u/s.11(1A). It has been stated that the intimation was passed u/s.143(1) on 09/06/2020 and the first appeal was filed on 31/03/2021 which was during the Covid period. The Hon’ble
Supreme Court has already laid down the guideline that the period from 15/03/2020 to 20/02/2022, as the timeline shall be extended for all the procedure including filing of the appeals.
Despite this fact ld. CIT(A) has erroneously held that appeal is filed belatedly. Since there was no delay, the ld. CIT(A) should have decided the appeal on merits. Accordingly, the matter is restored back to the file of the First Appellate Authority to decide the appeal on merits and deciding the issue in accordance with law after giving due opportunity of hearing to the assessee.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on 21st July, 2025. (RENU JAUHRI)
JUDICIAL MEMBER
Mumbai; Dated 21/07/2025
KARUNA, sr.ps
Copy of the Order forwarded to :
Jain International Trade Organisation
BY ORDER,
(Asstt.