SINDHU SEVA MANDAL DHARMARTH TRUST ,UJJAIN vs. CIT EXEMPTION , BHOPAL

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ITA 486/IND/2023Status: HeardITAT Indore14 March 2024AY 2017-18Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)2 pages

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Income Tax Appellate Tribunal, INDORE BENCH, INDORE

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

For Appellant: Shri Rajendra Sodani, AR
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 13.03.2024Pronounced: 14.03.2024

आदेश / O R D E R

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

Feeling aggrieved by Order having DIN - ITBA/COM/F/17/2023-24/ 1057013310(1) dated 12.10.2023 passed by learned Commissioner of Income-Tax (Exemption), Bhopal u/s 119(2)(b) of Income-tax Act, 1961 whereby and whereunder the assessee’s application for condonation of delay in filing Form No. 10 for assessment year 2017-18 had been rejected, the assessee has filed this appeal before us on the grounds mentioned in Form No. 36 (Appeal Memo).

Sindhu Sewa Mandal, Ujjain ITA No.486/Ind/2023 Assessment year 2017-18 2. Heard the learned Representatives of both sides and case record

perused.

3.

It emerged during hearing that the present appeal has been filed

against 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 passed by

authorities u/s 119(2)(b). Therefore, the present-appeal is not maintainable.

Being so, we hereby dismiss this appeal. However, the assessee is at liberty

to avail appropriate remedy in accordance with law.

4.

In the result, this appeal of assessee is dismissed.

Order pronounced in open court on 14.03.2024.

Sd/- sd/- (VIJAY PAL RAO) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER

Indore �दनांक /Dated : 14.03.2024 CPU/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Sr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore

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