KOVILPATTI NADAR URAVIN MURAI SANGAM,THOOTHUKUDI vs. ACIT,EXEMPTIONS, COIMBATORE

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ITA 579/CHNY/2024Status: DisposedITAT Chennai20 May 2024AY 2018-19Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the denial of exemption was not justified, especially since the trust was registered since 1950. The CIT(A) had dismissed the appeal solely on the ground of delay.

What were the facts?

The assessee, a registered trust, inadvertently claimed exemption under Section 10(23A) instead of Section 11/12 in its return of income. The Assessing Officer denied the deduction, and the CIT(A) dismissed the appeal due to a delay in filing.

What were the issues?

Whether the assessee is entitled to exemption under Section 11/12 despite claiming it under Section 10(23A) due to an oversight, and whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 10(23A),Section 11,Section 12,Section 12A,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

Heard together (2 matters)

ITA No.211/Chny/2024
ITA No.579/Chny/2024

Read from the judgment's own cause title. This page is filed under one of them.

आयकर अपीलीय अिधकरण ‘बी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद4 एवं माननीय +ी मनु कुमार िग8र, �ाियक सद4 के सम9। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM 1. आयकरअपील सं./ (िनधा:रणवष: / Assessment Year: 2018-19) & 2. आयकरअपील सं./ (िनधा:रणवष: / Assessment Year: 2018-19) Kovilpatti Nadar Uravin Murai Sangam ACIT (Exemptions), बनाम/ Pathirakalliamman Koil Street, Coimbatore. Vs. Kovilpatti-628 501. �थायीलेखासं./जीआइआरसं./PAN/GIR No.AAATK-8644-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S.Sridhar (Advocate)- Ld.AR � थ�कीओरसे/Respondent by : Shri S.Easwar (JCIT)-Ld. DR सुनवाई की तारीख/Date of Hearing : 20-05-2024 घोषणा की तारीख /Date of Pronouncement : 20-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeals by assessee for Assessment Year (AY) 2018-19 arises out of separate orders of first appellate authority. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 14-02-2024 in the matter of an assessment framed by Ld. AO u/s 143(3) on 26-04-2021. The assessee is a registered trust u/s 12A.

2.

In the assessment order, Ld. AO denied deduction claimed by the assessee u/s 11 / 12 on the ground that in the return of income, the assessee claimed exemption u/s 10(23A) whereas the assessee furnished an order u/s 12A. The assessee submitted that the aforesaid claim was made u/s 10(23A) due to oversight and the assessee was entitled for exemption as applicable to a charitable trust. However, in the absence of revised return, such claim was denied. The Ld. CIT(A) dismissed the appeal of the assessee for want of condonation of delay of 370 days. Aggrieved, the assessee is in further appeal before us in . 3. In the meanwhile, Ld. AO passed rectification order u/s 154 on 17- 01-2023 in view of the fact that there was short levy of taxes. The assessee assailed the same also which was again dismissed by first appellate authority on 25-12-2023 and the same form subject matter of ITA No.211/Chny/2024. 4. Upon perusal of Form ITR-7 as placed on record, it could be seen that though the assessee has mentioned that it was registered u/s 12A / 12AA, it inadvertently claimed exemption u/s 10(23A) instead of u/s 11 / 12 which has led to the present dispute before us. It could also be seen that the assessee trust is registered since the year 1950. Under such circumstances, the exemption as denied by lower authorities could not be held to be justified. The Ld. CIT(A) has dismissed the appeal merely on delay. Therefore, we set-aside impugned order dated 14-02-2024 and direct Ld. AO to consider the claim of the assessee u/s 11 / 12. The assessee is directed to provide requisite details. stand allowed for statistical purposes which renders the other appeal infructuous. 5. stand allowed for statistical purposes. ITA No.211/Chny/2024 stand dismissed as infructuous. Order pronounced on 20th May, 2024.

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