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Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA
Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Rajesh Kumar
Per Rajpal Yadav, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals) dated 29th January, 2024 passed for assessment year 2020-21.
ITA No. 727/KOL/2024 (A.Y. 2020-2021) Hanuman Seva Charitable Trust 2. The Registry has pointed out that the appeal is time barred by 10 days. In order to explain the delay, the assessee has filed an affidavit of Shri Vikash Nangalia of Hanuman Seva Charitable Trust. In this affidavit, it has been deposed that he was advised by the Tax Consultant to file a rectification application under section 154 of the Income Tax Act and the Trust was exploring that remedy before filing the appeal. This step made the appeal time barred by 10 days.
On due consideration of the above facts and circumstances, we find that assessee was prohibited by a reasonable cause in filing the appeal after expiry of limitation before the Tribunal. We condone the delay and proceed to decide the appeal on merit.
The grievance of the assessee is that the CPC, Bengaluru has erred in making a disallowance of Rs.58,11,041/-. It has further submitted that this disallowance has been confirmed by the ld. CIT(Appeals).
The ld. Counsel for the assessee submitted that the assessee- Trust was enacted on 15th October, 2009. It was granted registration under section 12AA on 22.03.2013. It has filed its return of income electronically on 29.12.2020. In the return, the Tax Consultant has wrongly mentioned the status of the assessee- Trust as a “Company”. Due to this, the CPC has made adjustment and did not grant the benefit of Sections 11 & 12 of the Income Tax Act.
ITA No. 727/KOL/2024 (A.Y. 2020-2021) Hanuman Seva Charitable Trust 6. Dissatisfied with this, the assessee carried the matter in appeal. It has appraised the ld. CIT(Appeals) about the error committed by the assessee while filing the return. The ld. 1st Appellate Authority did not entertain this ground of appeal and observed that if status of the assessee was wrongly mentioned as a ‘Company’, then CPC is competent to make adjustment. The ld. CIT(Appeals) discussed the jurisprudence of 143(1) and further observed that the assessee should revise the return and in case, the time limit to revise has gone, then should approach the Board under section 119 of the Income Tax Act.
With the assistance of ld. Representatives, we have gone through the record carefully. It is pertinent to note that once a Trust is registered under section 12AA, then its status should be updated along with PAN data. If an assessee has committed an error, then that should have been first processed and proposed disallowance ought to be intimated to the assessee while processing the return under section 143(1) of the Income Tax Act. The ld. CIT(Appeals), as an Appellate Authority, was duly competent to rectify any error crept in the record, even at the instance of assessee. The rectification can be made on the application of the assessee and it is not confined to the errors committed by the ld. Assessing Officer only. Therefore, we are of the view that the impugned orders are not sustainable. We set aside both the impugned orders. We relegate this issue to the file of ld. Assessing Officer for adjudication. The ld. Assessing Officer shall grant an opportunity to the assessee to explain its status and
ITA No. 727/KOL/2024 (A.Y. 2020-2021) Hanuman Seva Charitable Trust then after considering the registration granted to it decide whether benefit of Sections 11 and 12 is admissible to the assessee or not.
In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on 4/07/2024. Sd/- Sd/- (Rajesh Kumar) (Rajpal Yadav) Accountant Member Vice-President (KZ) Kolkata, the 4th day of July, 2024
Copies to :(1) Hanuman Seva Charitable Trust, 249/H, New G.T. Road, Liluah, Howrah-711204 (2) Assistant Director of Income Tax, Centralized Processing Centre, Income Tax Department, Bengaluru, Post Bag No. 2, Electronic City Post Office, Bengaluru-560500, Karnataka (3) ADDL/JCIT(A)-7, Mumbai, (4) CIT- , Kolkata (5) The Departmental Representative; (6) Guard File TRUE COPY By order
Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.