VISHANTHI EDUCATIONAL TRUST,CHENNAI vs. ITO, EXEMPTION WARD-4, CHENNAI

At the outset, we note that the assessee filed its return of income admitting NIL income. During the course of assessment proceedings, the Assessing Officer noted that there was an accumulation of ₹.1,46,82,799/- during the relevant FY. Since the assessee has not filed Form No. 10 to claim the accumulation as exempt under section 11(2) of the Income Tax Act, 1961 [“Act” in short], the Assessing Officer completed the assessment under section 143(3) of the Act by assessing total income at ₹.1,46,82,799/- denying the claim of exemption under section 11(2) of the Act.

The assessee filed an appeal before the ld. CIT(A) with a delay of 35 days in filing the appeal. The assessee also sought for condonation of delay in Form 35. The ld. CIT(A) dismissed the appeal of the assessee stating that there is no sufficient cause for the delay.

The ld. AR Ms. N.V. Lakshmi, Advocate submits that the assessee trust furnished the reasons for the short delay in filing the appeal before the ld. CIT(A) is neither wilful nor wanton, but, for the reason that the Accountant of the trust went on long leave without any I.T.A. No.1956/Chny/25 3 notice and the assessee was not aware of filing the appeal. The ld. CIT(A) disbelieved the reason stated by the assessee and dismissed the appeal filed by the assessee is not justified. Thus, the ld. AR prayed that the short delay may be condoned and directed the ld. CIT(A) to adjudicate the grounds on merits.

The ld. DR Ms. Sandhya Rani Kure, JCIT relied on the order passed by the ld. CIT(A).

Having heard both the parties, we find that in Form 35, the assessee has stated the reasons for the delay of 35 days in filing the appeal before the ld. CIT(A) that the Accountant of the assessee trust went on long leave without notice and the assessee was not aware of filing of appeal. We find that the reasons stated by the assessee are bonafide, which really prevented in filing the appeal in time. Accordingly, we direct the ld. CIT(A) to condone the delay in filing the appeal and adjudicate the issue on merits in accordance with law. The assessee is at liberty to file explanations with documentary evidence, if any, in substantiating its claim before the ld. CIT(A). Thus, the grounds raised by the assessee are allowed for statistical purposes.