BCDA MEMBERS BENEVOLENT TRUST,KOLKATA vs. ITO, WARD-1(2), EXEMPTION, KOLKATA

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA डॉ. मनीष बोरड, लेखा सद�य एवं �ी संजय सरमा, �ाियक सद� के सम� Before Dr. Manish Borad, Accountant Member & Shri Sonjoy Sarma, Judicial Member I.T.A. No.787/KOL/2024 Assessment Year: 2020-21 BCDA Members Benevolent Trust ………. Appellant (PAN: AABTB0860C) Vs. Income Tax Officer, Ward-1(2), Kolkata ………… Respondent Appearances by: Shri Rip Das, AR appeared for Appellant. Shri P. P. Barman, Addl. CIT, Sr. DR appeared for Respondent. Date of concluding the hearing : 08.07.2024 Date of pronouncing the order : 24.07.2024 ORDER Per Dr. Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2020-21 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 (Appeal), National Faceless Appeal Centre (NFAC), Delhi [in short ld. “CIT(A)”] dated 07.03.2024 arising out of the rectification order passed u/s 154 of the Act by AO, CPC dated 26.04.2022. 2. Grounds of appeal raised by the assessee read as under:

I.T.A. No. 787/Kol/2024 A Y: 2020-21, BCDA Members Benevolent Trust “1. That the Order in Appeal passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi is unlawful, unwarranted and against natural justice. 2. That your appellant submits that the Ld. CIT (A) has dismissed your appellant's Appeal Petition on the ground that your appellant is a late filer of return by 4 hours 15 minutes 53 seconds without considering the facts that last date / extended due date was 15.02.2021, despite its extensive efforts could not upload return until 04:15:53 hours on 16.02.2021, and the situation/circumstances was the COVID 19 crisis was on its full swing throughout the Globe devastating normal human life, and the disallowance thereof is unlawful, unwarranted and against natural justice. 3. Your appellant submits that in the assessment order dated 26.04.2022 passed u/s 154 and assessment order dated 24.12.2021 passed u/s 143(1) the Income Tax Act, 1961, computing total Income at Rs.3,39,03,007.13 instead of Rs. NIL as declared in the return of income filed by your appellant, and finally confirmed by the Ld. CIT (A) is unlawful. Hence, it is prayed that such arbitrary addition to the income of your appellant may please be directed to be deleted. [Relief claimed - deletion of income Rs.3,39,03,007.13] 4. Your appellant submits that when returned income of Rs. NIL was computed then imposition of Interest payable u/s 234A, 234B & 234C and Late Fee u/s 234F, totalling to Rs.39,21,275/- [Rs.1,25,967/- + Rs.31,49,175/- + Rs.6,36,133/- & Rs.10,000/-], and finally confirmed by the Ld. CIT (A) is unlawful and arbitrary and cannot be imposed separately. Hence, it is prayed that this arbitrary wrong demand of Interest and Late Fee be directed to be deleted [Relief claimed - deletion of Interest & Late Fee of Rs.39,20,275/-. 5. Your appellant submits that while processing the return of income u/s. 143(1) and u/s 154, the Learned Assessing Authority has adjusted your appellant's just and genuine claim of refund of excess amount of tax paid thorough TDS amounting Rs.3,81,712/- with unprecedented demand of tax and interest, and finally confirmed by the Ld. CIT (A) is unwarranted, unlawful and against natural justice. Hence, it is prayed that this arbitrary and wrong adjustment of TDS be directed to be deleted. [Relief claimed - issue of refund of Rs.3,81,712/-]. 6. That your appellant craves leave to urge, to add, to alter, to amend or to adduce further grounds of appeal on or before the date of appeal hearing.”

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I.T.A. No. 787/Kol/2024 A Y: 2020-21, BCDA Members Benevolent Trust 4. On the other hand, Ld. DR supported the order of the lower authorities. 5. We have heard the rival contentions and perused the material available on record. We observe that the assessee is a charitable trust duly registered u/s. 12A of the Act vide order dated 01.02.2001. The assessee runs educational institution. Extended due date of filing the ITR 7 for AY 2020-21 was on 15.02.2021 but the assessee has furnished return on 16.02.2021. It is claimed that there was a dely of hardly few hours in furnishing the return and the same should be condoned and deduction/exemption u/s. 11 claimed in the return should be allowed. We, however, fail to find any merit in this contention because this Tribunal does not have the power to extend the due date of filing the return of income. The remedy available with the assessee is in section 119(2) of the Act under which the assessee can file application to the Board through the jurisdictional Commissioner of Income Tax for condoning the delay and the Board may take and decision accordingly. We, however, considering the fact that the assessee has filed an application and the assessee had a reasonable cause of delay in filing the return on account of technical difficulty and also on account of Covid restriction, therefore, the concerned authority having power to condone such delay may take a lenient view and decide the fate of the assessee’s application filed u/s. 119(2) of the Act. Accordingly, the first grievance of the assessee is dismissed. 6. As far as the second plea of the assessee that even if assessee is denied benefit of section 11 but still assessee deserves to get the deduction of expenditure incurred during the year. We find force in this plea of the assessee and it has been consistently held that even if the assessee is considered as normal assessee not eligible for exemption u/s. 11 then also any incidental expenditure incurred Page 3 of 5

I.T.A. No. 787/Kol/2024 A Y: 2020-21, BCDA Members Benevolent Trust during the year for earning the gross receipts deserves to be allowed. As per page 4 of the paper book in the consolidated income and expenditure account, assessee has incurred total expenditure of Rs.3,20,85,885/- as against the gross receipt during the year of Rs.3,39,03,007/-. There is a net income of Rs.18,17,121.46. However, in the return processed u/s. 143(1)(a) of the Act total gross receipts of the assessee has been considered as total income and no deduction has been allowed for the expenditure incurred during the year and nor any opportunity was provided to the assessee. Under these given facts and circumstances, issue on merit needs to be restored to the file of the AO who is directed to examine the correctness of the expenditure claimed by the assessee at Rs.3,20,85,885.73 and after affording due opportunity and examining the records if the said claim is found to be correct then it should be allowed as a deduction against the gross receipts. Accordingly, ground of appeal No. 3 raising this issue is allowed for statistical purposes. 6. Before concluding, we would like to make clear that in case the delay in filing the return is condoned by the concerned authority u/s. 119(2) of the Act, the assessee would be entitled to benefit of exemption/deduction u/s. 11(1)(a) of the Act as claimed in the income tax return. 7. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order is pronounced in the open court on 24th July, 2024. Sd/- [Sonjoy Sarma] Sd/-Dr. Manish Borad] Judicial Member Accountant Member Dated: 24th July,2024 J.D. Sr. PS. Page 4 of 5

I.T.A. No. 787/Kol/2024 A Y: 2020-21, BCDA Members Benevolent Trust

Copy of the order forwarded to: 1. Appellant – BCDA Members Benevolent Trust, 12, Bonfield Lane, 1st Floor, Kolkata-700001. 2. Respondent – ITO, Ward-1(2), Kolkata. 3. CIT(A), NFAC, Delhi. 4. CIT- 5. Departmental Representative 6. Guard File. True copy By order

Assistant Registrar ITAT, Kolkata Benches, Kolkata

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