INSOLVENCY PROFESSINAL AAGENCY OF INSTITUTE OF COST ACCOUNTANTS OF INDIA,DELHI vs. ITO,WARD EXEMPTION, DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, relying on precedent, ruled that the requirement to upload Form 9A by the due date of filing the return is directory, not mandatory, for claiming Section 11 exemption. Consequently, the assessee's sole substantive ground was accepted, and the appeal was allowed, subject to the Assessing Officer re-computing the income after verifying all relevant facts.
What were the facts?
The assessee's Section 11 exemption claim for AY 2019-20 was rejected by lower authorities because Form 9A was not uploaded on or before the due date for filing the Section 139(1) return. The assessee filed its return on October 31, 2019, and uploaded Form 9A the following day, November 1, 2019.
What were the issues?
Whether a one-day delay in uploading Form 9A after filing the return, but before the due date, should lead to rejection of Section 11 exemption, and if the Form 9A uploading requirement is mandatory or directory.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Xavier Kelavani Mandal (P.) Ltd.72 citing41 Taxmann.com 184 · 2014 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2019-20 Insolvency Professional Agency of Vs Income Tax Officer, Institute of Cost Accountants of Ward Exemption, India, 4th Floor, 3rd Institutional E-2 Block, Civic Centre, Area, Lodhi Road, New Delhi-110003 New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAECI3186J Assessee by: Sh. Ruchesh Sinha, Adv. Revenue by : Sh. Sanjay Kumar, Sr. DR Date of Hearing: 22.04.2025 Date of Pronouncement: 22.04.2025 ORDER
This assessee’s appeal for Assessment Year 2019-20, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1067326979(1) dated 05.08.2024, in proceedings u/s 154 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
A perusal of the instant case file at the outset reveals that both the learned lower authorities have rejected the assessee’s section 11 exemption claim on the ground that it had not uploaded the corresponding relevant Form 9A, on or before the “due” date of filing section 139(1) return. It is made clear that the assessee filed it’s return within the due date on 31.10.2019
That being the clinching factual position emerging from the case file, learned departmental representative vehemently argues that the assessee had failed to comply with the foregoing mandatory requirement. The tribunal finds no merit in the instant technical objection as CIT Vs. Xavier Kelavani Mandal (P.) Ltd. (2014) 41 taxmann.com 184 (Guj.) already settling the issue in assessee’s favour and against the department that such a compliance is directory than mandatory provision for the purpose of claiming section 11 exemption. The assessee instant sole substantive ground is accepted in principle therefore subject to a rider that the learned Assessing Officer shall re-compute it’s income as per law after verification of all the relevant facts.
More judgments on Section 11
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 531/NAG/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
Recent GST High Court judgments
Search GST case law →- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026
- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026
- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026