CALCUTTA MATHEMATICAL SOCIETY,KOLKATA vs. ITO, WARD-1(1), KOLKATA

This appeal filed by the assessee pertaining to the Assessment Year (in short ‘AY’) 2019-20 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the ‘Act’) by ld. Commissioner of Income-tax (Appeals)- 1, Jaipur [in short ld. ‘CIT(A)’] dated 21.02.2024 arising out of the assessment order framed u/s 143(1) of the Act dated 11.05.2020. 1.1. The brief facts of the case of the appellant are that the assessee is a charitable Trust engaged in educational activities. The assessee is registered u/s 12AA of the Act as charitable institution. Return of income was filed for I.T.A. No.: 697/KOL/2024 Assessment Year: 2019-20 Calcutta Mathematical Society. AY 2019-20 showing total income ‘NIL’. In processing the return of income claims for the deduction u/s 11 of the Act was not allowed and the receipt of Rs. 20,96,936/- has been considered in the revenue/income as a result of which determination of total income comes to Rs. 20,96,936/-. The said order was challenged by the assessee u/s 250 of the Act before the ld. CIT(A) wherein appeal of the assessee has been dismissed on account of delay in filing the appeal thereby holding that there was no sufficient cause for condonation of delay. Being aggrieved and dissatisfied with impugned order, the present appeal has been preferred. 1.2. The ld. Counsel for the assessee challenged the impugned order thereby submitting that the assessee had filed an application u/s 154 of the Act for rectification and assessee was in the impression that since he has already filed rectification u/s 154 of the Act and unless it has been decided he is not entitled to file an appeal. Ld. Counsel for the assessee further submits that when after a lapse of considerable time no action was forthcoming against the rectification application, assessee has been advised to file appeal against the intimation u/s 143(1) of the Act and accordingly an appeal was filed. ld. Counsel for the assessee submits that the delay was not intentional rather it was bona fide. 1.3. Ld. D/R supports the impugned order.

We have perused the impugned order of the ld. CIT(A) and found that the appeal of the assessee has been dismissed thereby holding that order passed u/s 143(1) of the Act on 11.05.2019 and appeal has been filed on 11.04.2023 and the ground which has been taken by the assessee is not sufficient. It is important mention here that assessee has filed an affidavit with regard to the pending of the application u/s 154 of the Act and according to him, due to the bona fide mistake, the appeal could not be filed within time. Ld. D/R has been asked to submit before this Tribunal regarding the stage of the application u/s 154 of the Act. Ld. D/R has filed report and as per the report submitted by the ld. D/R, the rectification petition for AY 2019-20 has not been disposed off.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 21st August, 2024. Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member Dated: 21.08.2024 Bidhan (P.S.) Copy of the order forwarded to: