ACADEMY OF SCIENTIFIC AND INNOVATIVE RESEARCH,GHAZIABAD vs. INCOME TAX OFFICER, EXEMPTION WARD , CHENNAI

PDF · subscribers
ITA 1093/CHNY/2024Status: DisposedITAT Chennai04 September 2024AY 2018-19Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the file of the CIT(A) to await the outcome of the condonation application and re-adjudicate the appeal accordingly. The appeal was allowed for statistical purposes.

What were the facts?

The assessee failed to file the Audit Report in Form No.10 as required under Section 12A(1)(b), leading to denial of exemption under Sections 11 & 12. An application for condonation of delay was pending before the prescribed authority.

What were the issues?

Whether the exemption under Sections 11 & 12 can be denied solely for non-filing of Audit Report in Form No.10, when a condonation application is pending. The impact of the pending condonation application on the assessee's claim for exemption.

Which sections of the Income-tax Act were involved?

Section 12A(1)(b),Section 11,Section 12

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

(िनधा)रण वष) / Assessment Year: 2018-19) Academy of Scientific and Innovative Research ITO बनाम/ AcSIR Headquarters, CSIR-HRDC Campus Exemption Ward-4 Sector-19, Kamla Nehru Nagar, Chennai. Vs. Ghaziabad-201 002. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAALA-1352-P (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Ms. R.Anita (Addl.CIT) -Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 26-08-2024 घोषणाकीतारीख /Date of Pronouncement : 04-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. At the time of hearing, none appeared for assessee. Upon perusal of impugned order dated 12-09-2023, it could be seen that the assessee failed to file Audit Report in Form No.10 as required u/s 12A(1)(b) and accordingly, it was denied exemption as claimed by it u/s 11 & 12. The assessee preferred condonation application before prescribed authority which was pending. Accordingly, the appeal was dismissed. The Ld. Sr. DR pleaded for dismissal of the appeal. The registry has noted delay of 158 days in the appeal, which stand condoned.

2.

It is quite clear that the assessee’s application seeking condonation of delay is already pending before appropriate authority. The outcome of the same would have direct bearing on the claim of the assessee. Therefore, we restore the appeal back to the file of Ld. CIT(A) to await the outcome of the condonation application and re-adjudicate the appeal on the basis of outcome of the same.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 4th September, 2024 Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा45 / VICE PRESIDENT लेखा सद7 / ACCOUNTANT MEMBER चे9ई Chennai; िदनांक Dated :04-09-2024 DS आदेशकीHितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयुA/CIT Chennai. 4. िवभागीय�ितिनिध/DR 5. गाडFफाईल/GF

More judgments on Section 12A(1)(b)

All 171 judgments and leading authorities on Section 12A(1)(b) →

Recent GST High Court judgments

Search GST case law →