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Income Tax Appellate Tribunal, ‘SMC’ ‘B’ BENCH, CHENNAI
Before: Shri A. Mohan Alankamony
आदेश / O R D E R
This appeal by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals)-XII, Chennai dated 19.12.2012 in and it pertains to assessment year 2008-09.
The assessee has raised four grounds in his appeal and they are reproduced herein below for reference:
2.1. The order passed by the Learned Commissioner of Income Tax (Appeals)-XII under section 250(6) of Income-Tax Act, 1961 dated
19-12-2012 is contrary to law and erroneous on the facts and circumstances of the case. 2.2. The Learned Assessing Officer ought to have appreciated the fact that the Form 10 was filed by the appellant in order to accumulate and set apart the income of the trust while the assessment proceedings were in progress. 2.3. The Learned Assessing Officer ought to have allowed the accumulation u/s.11(2) and ought not to have denied the appellant’s claim for exemption. 2.4. The Learned Assessing Officer ought to have appreciated the fact that the return of income of the trust was delayed due to reasonable cause and also the fact that Form No.10 had been filed before the assessment was made on 19-12-2012.
The brief facts of the case are there that the assessee is a charitable institution, filed his return of income for the assessment year 2008-09 on 02.04.2009 admitting NIL income after claiming exemption u/s. 11 of the Act.
The Ld. AO while processing the return u/s.143(1) of the Act on 21.01.2011 observed that there was a shortfall in applying 85% of the income for the objects of the trust and further the assessee had not enclosed the prescribed form No.10 along with the return of income, seeking permission for accumulation of income. Hence, the Ld. AO brought the shortfall of the application of income to tax. On appeal, the Ld. CIT also confirmed the order of the AO aggrieved by which the assessee is now on appeal before us.
At the outset, the Ld. DR pointed out that there was a delay of 1278 days in filing the appeal by the assessee. When queried with the Ld. AR, it was submitted that the trust had handed over the appeal papers to its auditor for filing the appeal, after a delay of 3 years and 6 months. The Ld. AR could not justify with any bonafide reasons for the delay in filing the appeal. Therefore, we are of the considered view that the assessee does not deserve for condoning the delay in filing the appeal. Hence, we hereby dismiss the appeal of the assessee by not condoning the delay in filing the appeal within the stipulated period under the Act.
In the result the appeal of the assessee is dismissed.
Order pronounced in the court on the 13th February, 2017.