M P BIRLA FOUNDATION EDUCATIONAL SOCIETY,KOLKATA vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), KOLKATA

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ITA 989/KOL/2025Status: DisposedITAT Kolkata10 September 2025AY 2018-19Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)9 pages
AI SummaryRemanded

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?

Section 10(23C)(vi),Section 143(1),Section 119(2)(b)

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:

1.

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.

2.

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.

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