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Facts
The assessee, a registered society, filed its return for AY 2020-21 claiming exemption under Section 11. The CPC processed the return and raised a demand by denying the exemption, stating that no forms were filed. The CIT(A) dismissed the assessee's appeal, holding that no valid Form 10B was filed.
Held
The Tribunal held that the assessee had filed Form 10B in due time and that there was no discrepancy. Therefore, the assessee was entitled to claim exemption under Section 11, and the demand raised was erroneous and deleted.
Key Issues
Whether the assessee was entitled to claim exemption under Section 11 when Form 10B was filed but allegedly not validly filed by the Revenue.
Sections Cited
12A, 11
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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Pradip Kumar ChoubeyShri Rakesh Mishra]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against order of Commissioner of Income Tax (Appeal)-Addl/JCIT(A)-2, Pune (hereinafter referred to as the Ld. CIT(A)] dated 28.10.2024 for AY 2020-21.
Assessment Year: 2020-21 Sammilani Teachers Training College 2. Brief facts of the case of the assessee is that the assessee is a registered society has got registration u/s 12A of the Act. The return of income for AY 2020-21 was filed declaring nil income after claiming exemption u/s 11 of the Act. The return of income was processed by CPC vide intimation dated 30.11.2021 a demand of Rs. 36,55,560/- had been raised by denying the exemption claimed by the assessee and the reason for denial of exemption in the intimation order as no forms filed.
The said order has been challenged by the assessee before the Ld. CIT(A) wherein the Ld. CIT(A) has dismissed the appeal of the assessee thereby observing that there is no valid form no. 10B relevant to AY 2020-21.
Being aggrieved and dissatisfied the present appeal has been filed.
The Ld. Counsel has submitted that the assessee has filed a copy of form no. 10B and it was a valid form but the Ld. CIT(A) has come to this conclusion that there is no valid form. He has cited a copy of acknowledgment in support of the final copy of form no. 10B.
The Ld. D.R supports the impugned order.
We have perused the order of Ld. CIT(A) and the intimation of the CPC and find that in the intimation order it has been mentioned that no forms filed. The Ld. Counsel for the assessee has filed following index of papers which are as under: i) Copy of the return filing acknowledgement along with computation of income, ITR- 7 and audit report of the assessee for AY 2020-21 ii) Copy of the approval u/s 12A in the case of the assessee iii) Copy of the approval u/s 80G in the case of the assessee iv) Copy of the acknowledgement dated 5.9.2022, 5.4.2023, 5.9.2023 and 18.03.2024 of the submissions and documents filed before the Ld. CIT(A). vi) Copy of the Form No. 9A along with acknowledgment filed on 10.02.2021 by the assessee for AY 2020-21. vii) Copy of the Departmental Press Release dated 30.12.2020 extending the due date of filing of returns for AY 2020-21. viii) Copy of the Circular No. 6 of 2023 dated 24.05.2023 providing clarification regarding the exemption of Trust.
It is not in dispute that the assessee is a registered society and got registration u/s 12A of the Act. The aforesaid papers reveals that there is an acknowledgment of receipt of form no. 10B which is enclosed with the acknowledgment. There is also an acknowledgment of receipt of form no. 9A. Going over the aforesaid documents filed by the assessee we find substance in the argument of the ld. Counsel of the assessee that the assessee filed form no. 10B in due time and there is no discrepancy in the form no. 10 B. Hence the assessee is entitled to claim exemption u/s 11 of the Act. Accordingly, a demand of Rs. 36,55,560/- as raised is declared to be erroneous and deleted.
In the result, the appeal filed by the assessee is allowed.
Order is pronounced in the open court on 30th January, 2025
Sd/- Sd/- (Rakesh Mishra/राकेश �म�) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 30th January, 2025 SM, Sr. PS Assessment Year: 2020-21 Sammilani Teachers Training College Copy of the order forwarded to: 1. Appellant- Sammilani Teachers Training College, 147, Barakhola, Krishnapally, Mukundpur, Kolkata-700099 2. Respondent – ITO, Ward-1(3)(Exemption)-Kolkata 3. Ld. CIT(A)-Addl/JCIT(A)-2, Pune 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)