VOLITI FOUNDATION,MEERUT vs. ITO,WARD-2(3), NEW DELHI

This assessee’s appeal for assessment year 2014-15 arises against National Faceless Appeal Centre (NFAC), Delhi’s DIN and order no. ITBA/NFAC/S/250/2022-23/1049751812(1), dated 14.02.2023, in case no. CIT(A), Delhi-40/10416/2016-17, in proceedings u/s 144 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.

It transpires that there is delay of 486 days in filing the assessee’s instant appeal. For the reasons stated by the assessee in it’s condonation petition explaining the delay in filing the instant appeal on account of circumstances

It emerges during the course of hearing that both the learned lower authorities have rejected the assessee’s section 11 exemption claim. It is further pointed out by the learned counsel appearing for the assessee that all of it’s receipts have been assessed without giving any benefit of exemption u/s 11 of the Act. I put a specific query to the learned counsel as to whether the said expenditure could be pleaded and proved if the assessee is afforded one more inning before the Assessing Officer. The reply received from the assessee’s side is categorically negative only. That being the case and in absence of any detail forthcoming from the assessee’s side, I have no other option but to uphold the learned lower authorities’ impugned action on both the foregoing counts. Rejected accordingly.