UTTARI BHARAT SABHA,MUMBAI vs. INCOME TAX OFFICER (E)-2(4), INCOME TAX APPELLATE TRIBUNAL

Per: Smt. Beena Pillai, J.M.: The present appeal filed by the assessee arises out of order dated 24/12/2024 passed by ADDL/JCIT (A)-2, VISAKHAPATNAM for assessment year 2017-18 on following grounds of appeal : “ Ground of Appeal No 1 :- CIT Appeals erred in confirming and upheld assessment order u/s 143(1) issued by CPC A.Y. 2017

18. Uttari Bharat Sabha Grounds of Appeal

No 2 :- The CPC erred in disallowance of Rs 1,06,03,220/- from Gross Total Income for money invested in forms specified under section 11(5) for compliance of provision of section 11(2) of IT Act Grounds of Appeal No 3 :- The Assessee prays to Condone for delay in filing Form

10. Grounds of Appeal No 4 :- The CPC erred in Levying Interest” Brief facts of the case are as under:

Aggrieved by the order of the Ld.CIT(A), assessee is in appeal before this Tribunal.

No. 1 is against the disallowance of Rs. 1,06,03,220/- towards amount applied for object of the Trust. The Ld.AR relied on Circular No.2/2020 dated 03/01/2020, issued by the CBDT, to support the condonation of delay in filing of Form No. 10B for year under consideration. He submitted that, in all cases where the Audit Report for the previous year was obtained before the filing of return of income and has been furnished subsequent to the filing of the return of income, but A.Y. 2017

18. Uttari Bharat Sabha before the date specified under section 139 of the Act is to be condoned. 4.1 In the Light of the above Circular the Ld.AR prayed that the addition of Rs.1,06,03,220/- made in the Intimation under Section 143(1)(a) should be set aside. 4.2 On the contrary, the Ld.DR submitted that, it is only u/s. 119 of the act wherein the CBDT could consider the condonation of delay in filing Form 10B belatedly. He thus relied on the orders passed by authorities below. We have perused the submissions advanced by both sides in the light of records placed before us.

5. The only issue in this appeal is against the order of Ld.CIT(A) rejecting the appeal filed by the assessee for non-filing of Form 10B within the due date. 5.1. It is noted that the timeline prescribed for filing Form No. 10AB for registration under section 12AB in the case of assessee has been extended vide various CBDT circulars, vide Circular No. 6/2023 dated 24/05/2023 and Circular 7 dated 25/04/2024, after considering the genuine hardship faced by charitable institutions. We therefore remit this issue to the file of Ld.CIT(A) to condone the delay in filing Form 10B as per the CBDT circular in accordance with law. We also remand the appeal back to the Ld.CIT(A) to consider the deduction claimed by the assessee in accordance with law. Needless to say that proper opportunity of being heard must be granted to assessee in accordance with law.