RANJEETSINGH KESHARIMAL BEFNA SHIKSHA SAMITI,MEGHNAGAR vs. CIT-EXEMPTION, BHOPAL

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ITA 56/IND/2024Status: DisposedITAT Indore15 July 2024AY 2021-22Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that there is no provision under Section 253(1) of the Income Tax Act to file an appeal against an order passed under Section 119(2)(b). Therefore, the appeal is not maintainable.

What were the facts?

The assessee filed an appeal against the rejection of their application for condonation of delay in filing Form No. 10B for AY 2021-22. The appeal was filed after a delay of 42 days.

What were the issues?

Whether an appeal lies before the ITAT against an order passed by the CIT(Exemption) under Section 119(2)(b) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 119(2)(b),Section 253(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI VIJAY PAL RAO & SHRI B.M. BIYANI

For Appellant: Shri Yash Kukreja, AR
For Respondent: Shri Ram Kumar Yadav, CIT DR
Hearing: 15.07.2024Pronounced: 15.07.2024

आदेश / O R D E R

Per B.M. Biyani, A.M.:

1.

Feeling aggrieved by Order having DIN - ITBA/COM/F/17/2023-24/ 1056907537(1) dated 09.10.2023 passed by learned Commissioner of Income-Tax (Exemption), Bhopal u/s 119(2)(b) of Income-tax Act, 1961 by which the assessee’s application for condonation of delay in filing Form No. 10B for assessment year 2021-22 had been rejected, the assessee has filed

Ranjeet Singh Kesharimal Befna Shiksha Samiti,Meghnagar Assessment year 2021-22 this appeal before us on the grounds mentioned in Form No. 36 (Appeal Memo).

2.

Heard the learned Representatives of both sides and case record perused.

3.

The registry has informed that the present appeal was filed on 19.01.2024 after a delay of 42 days. On detailed scrutiny, it is found that the assessee e-filed appeal within statutory time on 07.12.2023 without any delay and subsequently filed physical papers on 19.01.2024. Therefore, the objection of registry regarding delayed filing is dissolved and the appeal is treated as filed within time.

4.

Ld. AR for assessee is fair enough in agreeing that the present appeal has been filed assailing the Order passed by lower authority u/s 119(2)(b) of the Income Tax Act, 1961. But, however, there is no provision in section 253(1) of Income Tax Act, 1961 to file such an appeal by assessee against an Order u/s 119(2)(b). Such a decision has already been taken by Indore Bench of ITAT in Sindhu Sewa Mandal Dharmarth Trust Vs. CIT(Exemption), Bhopal and ITA No.136/Ind/2021 Shrimat Maharaja Jagdevrao Pawar Smriti Shiksha Sanstha Vs. CIT(Exemption), Bhopal. Following the same, the present appeal is not maintainable and dismissed in limine. However, the assessee is at liberty to avail appropriate alternative remedy, if any, available in law.

Ranjeet Singh Kesharimal Befna Shiksha Samiti,Meghnagar Assessment year 2021-22

5.

In the result, this appeal of assessee is dismissed.

Order pronounced in open court on 15.07.2024 immediately after conclusion of hearing and reduced in writing subsequently.

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