KRANTIDEVTA SAVITRIBAI PHULE SHIKSHAN SANSTHA,KALYAN vs. INCOME TAX OFFICER-(EXEMPTION), THANE, THANE
| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“E” BENCH, MUMBAI
SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER
&
BEFORE ANIKESH BANERJEE, HON’BLE JUDICIAL MEMBER
I.T.A. No. 4490/Mum/2024
Assessment Year: 2022-23
Krantidevta Savitribai Phule
Shikshan Sanstha,
16 Shalom, Sumukh Society
Dalviwada,
Kalyan - 421605
[PAN: AACTK4976F]
Vs
ITO (Exemption), Thane
अपीलाथ/ (Appellant)
यथ/ (Respondent)
Assessee by :
Shri Himanshu Gandhi, AR
Revenue by :
Shri Himanshu Joshi, Sr. DR.
सुनवाई की तारीख/Date of Hearing : 13/01/2025
घोषणा की तारीख /Date of Pronouncement: 13/01/2025
आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order dated
22/08/2024 by the Commissioner of Income Tax (Appeals), Addl. /
JCIT (A), Faridabad [hereinafter ‘the ld. CIT(A)’], pertaining to AY 2022-
23. 2. The assessee has raised the following grounds of appeal:-
“1. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in denied the exemption of Rs. 4,07,21,961 under section 10(23C)(vi) of Income Tax
Act, 1961. 2. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in denying the exemption of Rs. 4,07,21,961 under section 10(23C)(vi) of Income Tax
Act, 1961 on mere procedural delay in validating form 10BB on 05.12.2022 i.e. after filling of return of income on 30.09.2022, even though the form 10BB obtained on 29.09.2022 i.e. before filling the return of income.
On the facts and circumstances of the case and law, the Ld. CIT(A) failed to considered that Ld. CIT(A) has inherited power to condone the delay in filling Form 10BB and CBDT Circular is not binding in appellate authority.
On the facts and circumstances of the case and law and without prejudice to ground no 1 and 2, the Ld. CIT(A) erred in not allowing the expenses of I.T.A. No. 4490/Mum/2024
Rs.4,06,07,733 against the receipt when the exemption of section 10(23C) of Income
Tax Act, 1961 was not granted.
On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in confirming charging of Interest under section 234B and 234C of Income Tax Act, 1961.”
Briefly stated the facts of the case are that the assessee is a public charitable trust duly approved under section 10(23C)(vi) of the Income Tax Act, 1961 (hereinafter ‘the Act’) and registered under new provision also vide Registration Certificate dated 09.07.2021. During the year, the assessee has filed its return of income of Rs.4,07,21,961/- and the same was claimed to be exempt under section 10(23C)(vi) of the Act. The assessee had obtained Form 10BB on 29.02.2022 and filed its return of income on 30.09.2022 in which the details of Form 10BB report was mentioned. However, Form 10BB was validated on 05.12.2022 and therefore, the CPC while processing the return of income disallowed the claim of exemption under section 10(23C)(vi) of the Act on assumption that Form 10BB was not filed.
Representatives of both the sides were heard at length. Case records carefully perused and the relevant documentary evidences brought on record duly considered in the light of Rule 18(6) of the ITAT Rules.
For the year under consideration, the due date was extended to 07.11.2022 and the due date for filing Form 10BB was 07.10.2022. The assessee had obtained Form 10BB on 29.09.2022 and the same was uploaded on 30.09.2022 along with return of income. Form 10BB was undoubtedly verified on 05.12.2022 but as per the acknowledgement it I.T.A. No. 4490/Mum/2024
has been specifically mentioned that Form 10BB has been digitally signed on 30.09.2022. The notings are as under:
Acknowledgement Number - 834542150051222
This form has been digitally signed by YATINKUMAR SUMATILAL SHAH having PAN ACKPS5096C from IP Address 203.192.243.35 on 30-Sep-2022
11:11:12 PM
DSC Sl No and issuer C=IN, O=Verasys Technologies Pvt. Ltd., OU=Certifying
Authority
It can be seen from the above that Form 10BB was uploaded along with return of income and was duly verified, therefore, we do not find any reason to deny the exemption claimed by the assessee. The AO is directed to allow the same.
In the result, the appeal by the assessee is allowed.
Decision announced in the open Court on 13.01.2025 (ANIKESH BANERJEE)
ACCOUNTANT MEMBER
Mumbai, Dated /01/2025
*Prabhat, SrPS
Prabhat, SrPS
Prabhat, SrPS
Prabhat, SrPS
आदेश की ितिलिप अेिषत /Copy of the Order forwarded to :
अपीलाथ / The Appellant 2. थ / The Respondent 3. संबंिधतआयकरआयु" / Concerned Pr. CIT 4. आयकरआयु" ) अपील ( / The CIT(A)- 5. िवभागीय ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड& फाई/ Guard file.
आदेशानुसार/ BY ORDER,