KALAVIKAS KENDRA,CUTTACK vs. ITO, EXEMPTION, CUTTACK
Facts
The assessee filed appeals against orders for assessment years 2016-2017 & 2020-2021. The assessee's return of income faced a delay in filing Form 10B, leading CPC to issue an intimation under Section 143(1) of the Act taxing entire receipts as income.
Held
The Tribunal held that the intimation issued by CPC under Section 143(1) of the Act was not permissible as it taxed entire receipts as total income without assessing business income and without considering the necessary adjustments prescribed under the Act.
Key Issues
Whether the intimation issued by CPC under Section 143(1) of the Act, taxing entire receipts as income due to delay in filing Form 10B, is permissible?
Sections Cited
143(1), 11, 13, 12A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
आदेश / O R D E R Per Bench : These two appeals are filed by the assessee against the separate orders passed by ld. Addl/JCIT(A), Prayagraj, both dated 31.03.2025, for the assessment years 2016-2017 & 2020-2021. 2. It was the submission of the ld. AR that when filing the return of income there was a delay in filing form 10B. It was the submission that consequently the CPC had issued an intimation u/s.143(1) of the Act bringing to tax the entire receipts as income of the assessee. It was the submission of the ld. AR that this is not permissible under an intimation u/s.143(1) of the Act and if at all the CPC to make adjustments it was the denial of the benefit u/s.11 & 13 of the Act, that could have been done.
2 ITA No.265&266/CTK/2025
In reply, ld. Sr. DR submitted that the assessee has an option to file application for condonation of delay in filing Form 10B. It was the submission that liberty may be granted to the assessee to file application for condonation of delay in filing Form 10B of the Act. 4. We have considered the rival submissions. When the assessee has not complied with the requirement of the Act being not filed Form 10B of the Act if an intimation u/s.143(1) is to be issued, then obviously the income of the assessee would be treated as business income and his business income is liable to be assessed. Non-filing of Form 10B would lead to non- granting of the exemption as required u/s.11 & 13 r.w.s.12A of the Act. In both the appeals of the assessee, it is noticed that the CPC has not assessed assessee’s business income but has brought to tax the entire receipts as the total income of the assessee. This is not permissible in an intimation issued u/s.143(1) of the Act. This being so, the intimation issued u/s.143(1) of the Act is bad in law and does not fall within the adjustments as prescribed u/s.143(1) of the Act. Consequently, the intimation issued u/s.143(1) for both the assessment years under consideration is hereby quashed. 5. In the result, both appeals of the assessed are allowed. Order dictated and pronounced in the open court on 11/08/2025. Sd/- Sd/- (राजेश कुमार) (जाजज माथन) (RAJESH KUMAR) (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER ददनाांक Dated 11/08/2025 Prakash Kumar Mishra, Sr.P.S.
3 ITA No.265&266/CTK/2025
आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- प्रत्यर्थी / The Respondent- 2. 3. आयकर आयुक्त(अपील) / The CIT(A), आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कटक / DR, ITAT, 5. Cuttack 6. गार्ज फाईल / Guard file. आदेशािुसार/ BY ORDER, सत्यापपत प्रयत //True Copy//
(Assistant Registrar) आयकर अपीलीय अधिकरण, कटक/ITAT, Cuttack
