KSB CARE CHARITABLE TRUST,PUNE vs. INCOME TAX OFFICER (EXEM) 1 (4), MUMBAI

ITA 1760/MUM/2022Status: DisposedITAT Mumbai07 September 2022AY 2016-178 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found merit in the assessee's submission that the error was due to a technical fault and software changes, not deliberate. The Tribunal restored the issue to the CIT(A) for adjudication on merits, directing the assessee to file a condonation petition.

What were the facts?

The assessee, a charitable trust, claimed accumulation of income under Section 11(2) but mistakenly filed Form 9A instead of Form 10. The Assessing Officer denied the exemption, and the CIT(A) upheld this decision.

What were the issues?

Whether a charitable trust should be denied exemption for accumulation due to filing the wrong form (9A instead of 10) due to a technical fault, and if the CIT(A) should consider condoning the delay based on CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 11(2),Section 139(1),Section 119(2)(b),Section 143(3),Section 250,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI PAVAN KUMAR GADALE & SHRI AMARJIT SINGH

For Appellant: Shri Biren Gabhawala.AR
For Respondent: Shri Vivek Anand Ojha.DR
Hearing: 30.08.2022Pronounced: 05.09.2022

PER PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the CIT(A)- National Faceless Appeal Centre (NFAC) Delhi passed u/s 143(3) and 250 of the Act. The assessee has raised the following grounds of appeal:

1.

On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) erred in M/s KSB Care Charitable Trust, Mumbai. denying the assesse claim for accumulation of Rs.1,13,51,040/- without appreciating the fact that it was only technical fault of filing wrong form, namely Form 9A filed within the time prescribed i.e. due date of filing the Income Tax Return u/s 139(1), instead of Form 10. 1.1 On the facts and in the circumstances o

The order continues below.

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