INDIAN FOOTWEARCOMPONENTS MANUFACTURERS ASSOCIATION , NOIDA vs. ACIT ASSESSMENT UNIT , ACIT NFAC DELHI

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ITA 8343/DEL/2025Status: DisposedITAT Delhi17 February 2026AY 2018-19Bench: SHRI C.N. PRASAD (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the delay in filing Form-10B was condoned by the Ld. CIT(E). Therefore, the AO should have considered the claim for exemption under section 11. The appeal is restored to the file of the AO with a direction to examine the claim in accordance with law.

What were the facts?

The assessee filed an appeal against the order of the Ld. CIT(A)/NFAC for AY 2018-19, which dismissed the appeal without deciding the issues raised. The primary issue was the denial of exemption under section 11 by the AO due to a delay in filing Form-10B.

What were the issues?

Whether exemption under section 11 should be denied solely due to a delay in filing Form-10B, when the delay has been condoned by a higher authority.

Which sections of the Income-tax Act were involved?

Section 11,Section 119(2)(b),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, ‘SMC’: NEW DELHI

Before: SHRI C.N. PRASAD

Hearing: 12.01.2026Pronounced: 17.02.2026

Date of Hearing 12.01.2026 Date of Pronouncement 17.02.2026 ORDER

PER C.N. PRASAD, JM,

1.

This appeal is filed by the assessee against the order of the Ld.Commissioner of Income Tax (Appeals)/NFAC dated 12.10.2025 for A.Y. 2018-19 in dismissing the appeal of the assessee without giving any directions/ decision on the issues raised by the assessee.

2.

The Ld. Counsel for the assessee at the outset submitted that exemption u/s.11 was denied by the AO while completing the assessment u/s.143(3) of the Act for the reason that there is a delay in filing Form-10B. The Ld. Counsel for the assessee submitted that the delay in filing Form-10B has been condoned by the Ld. CIT(E) vide order dated 19.03.2021 passed u/s.119(2)(b) of the Act and the in view of this order the Ld. CIT(A) should have directed the AO to consider the claim for exemption u/s.11 to the assessee association.

3.

Heard rival contentions and perused the orders of the authorities below. The AO denied exemption u/s.11 for the reason that the assessee filed Form-10B with a delay. On perusal of the order passed by the CIT(E) dated 19.03.2021 it is observed that the delay in filing Form-10B for A.Y.2018-19 is condoned by the Ld. CIT(E). In view of this order of the Ld. CIT(E), the AO shall consider the claim for exemption u/s.11 in accordance with law. Thus, we restore this appeal to the file of the AO with a direction to examine the claim for exemption u/s.11 to the assessee association in accordance with law after providing adequate opportunity to the assessee.

4.

In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 17.02.2026.

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