KAMALA EDUCATION FOUNDATION,KOLKATA vs. CIT(EXEMPTION), KOLKATA

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ITA 460/KOL/2024Status: DisposedITAT Kolkata04 July 2024Bench: SRI RAJESH KUMAR, ACCOUNTANT MEMBER & PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER I.T.A. Nos.: 460 & 461/KOL/2024 Assessment Year: N.A. Kamala Education Foundation...............................................Appellant [PAN: AAICK 1541 R] Vs. CIT (Exemption), Kolkata......................................................Respondent Appearances: Assessee represented by: Manoj Kataruka, AR. Department represented by: Subhendu Datta, CIT (D/R). Date of concluding the hearing : May 27th, 2024 Date of 3 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee's appeals, granting liberty to file a fresh application for registration. The CIT (Exemption) was directed to consider the fresh application, condoning any delay, without prejudice to the impugned order.

What were the facts?

The assessee, Kamala Education Foundation, applied for registration under Section 12A(1)(ac)(ii) and Section 80G(5)(iii) of the Income Tax Act. The applications were rejected by the CIT (Exemption) as non-maintainable due to the assessee selecting the wrong section code in Form 10AB.

What were the issues?

Whether the application for registration under Section 12A and 80G should be rejected solely on the ground of selecting the wrong section code. Whether the assessee should be granted liberty to file a fresh application.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(ii),Section 80G(5)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SRI RAJESH KUMAR & PRADIP KUMAR CHOUBEY

order

: July 4th, 2024 ORDER

Per Pradip Kumar Choubey, Judicial Member:

1.

The instant appeals filed by the assessee are directed against separate orders passed by ld. Commissioner of Income-tax (Exemption), Kolkata [in short ld. ‘CIT (Exemption)’] in relation to registration applied u/s 12A(1)(ac)(ii) and u/s 80G(5)(iii) of the Income Tax Act, 1961 (in brevity the ‘Act’) dated 26.02.2024. 1.1. Since the issues raised in both these appeals are common and pertain to the same assessee, these were heard together and are disposed off by way of this common order for the sake convenience and brevity. .: 460 & 461/KOL/2024 Assessment Year: N.A. Kamala Education Foundation.

2.

The ld. Counsel for the assessee instead of entering into the merit of the case, submitted that he had been given liberty to file the fresh application for registration of the society as the order passed by the ld. CIT(A) is only to this effect that application filed by the assessee is non-maintainable as he had selected the wrong Section code. 3. We have perused the impugned order which reveals thus— From the submission of the assessee, it is evident that the assessee had selected the wrong Section code while applying Form 10AB and accordingly the application filed by the assessee is treated as non-maintainable and is rejected. 4. It is evident that the assessee had filed an application for registration u/s 12A(1)(ac)(ii) of the Act. The assessee is Kamala Education Foundation. It has also brought in our notice that time for registration has already been extended by the CBDT circular. Keeping in view the facts that the prayer of the appellant is only to given a liberty to file fresh application, we allow the submission of the ld. Counsel for the assessee thereby giving him liberty to file fresh application for registration. It is also made clear that if such application has already been filed as a considerable time has been taken in passing this order, the learned CIT(A) shall consider the application. The delay if occurred shall also be condoned by the CIT(A). With this observation the ld. CIT(A) is hereby directed to consider the application of the assessee without being prejudiced to the impugned order. Accordingly, both the appeals are hereby allowed. 5. In the result, both the appeals filed by the assessee are allowed. Order pronounced in the open Court on 4th July, 2024. Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member Dated: 04.07.2024 Bidhan (P.S.) .: 460 & 461/KOL/2024 Assessment Year: N.A. Kamala Education Foundation. Copy of the order forwarded to:

1. 1. Kamala Education Foundation, 6th Floor, 11/3, Biresh Guha Street, Kolkata, West Bengal, 700017.

2. CIT (Exemption), Kolkata.

3. CIT(A)- 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata.

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