M P BIRLA FOUNDATION EDUCATIONAL SOCIETY,KOLKATA vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), KOLKATA
What did the Tribunal hold?
The Tribunal held that the filing of Form 10BB is a procedural requirement and not mandatory, citing a Calcutta High Court decision. Since the form was available before the AO at the time of processing, the denial of exemption was incorrect.
What were the facts?
The assessee, M P Birla Foundation Educational Society, claimed exemption under Section 10(23C)(vi) for AY 2018-19. The exemption was denied by the CPC during processing under Section 143(1) due to a technical issue with filing Form 10BB. The CIT(A) upheld this denial.
What were the issues?
Whether the denial of exemption under Section 10(23C)(vi) due to late filing of Form 10BB is justified, and if the procedural requirement of filing Form 10BB is mandatory or directory.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
order
: 10-September-2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Addl/JCIT(A)-Panaji [hereinafter referred to as Ld. ‘Addl/JCIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2018-19 dated 19.03.2025, which has been passed against the intimation order u/s 143(1) of the Act, dated 18.03.2020.
The assessee has raised the following grounds of appeal before the Tribunal:
1. That on the facts and in the circumstances of the case, the learned Addl./JCIT (Appeals) erred in not setting aside Intimation dated March 18, 2020 issued by CPC as illegal, invalid and bad in law.
More judgments on Section 10(23C)(vi)
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Sri Vijayadurga Educational Society, Kurnool vs Income Tax Officer (Exemptions), TirupatiITA 2006/HYD/2026[2021-22]Status: Disposed18 Sept 2026AY 2021-22
- DCIT Exemptions Circle 1(1), Kolkata vs South Point Education Society, KolkataITA 2169/KOL/2026[2016-17]Status: Disposed11 Sept 2026AY 2016-17
- Ajanta Educational Trust, Amritsar vs CIT (Exemptions), ChandigarhITA 276/ASR/2026[2027-28]Status: Disposed31 Aug 2026AY 2027-28
- Sunflower Academy of Education… vs DDIT, VisakhapatnamITA 363/VIZ/2026[2018-19]Status: Disposed31 Aug 2026AY 2018-19
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