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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI INTURI RAMA RAO
आदेश / ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 06.10.2023 for the assessment year 2021-22.
Brief facts of the case are that the appellant is Charitable Trust duly registered u/s.12A of the Income-tax Act, 1961 (hereinafter also called ‘The Act’). Return of income for the A.Y. 2021-22 was filed on 23.02.2022 declaring Nil income. The said return was processed by the CPC vide intimation/s.143(1) dt.
25.11.2022 denying exemption u/s.11 of the Act on the ground that the appellant had filed Form No.10B belatedly.
Being aggrieved, an appeal was filed before the CIT(A) who vide impugned order affirmed the order of the AO placing reliance on the decision of Hon’ble Bombay High Court in the case of Little Angels Education Society Vs. Union of India 434 ITR 423 (Bombay). Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal.
The ld. AR submits that though Form No.10B was not filed within the prescribed time but was filed before the processing the return of income by the CPC u/s.143(1). Therefore, the CPC ought not to have denied exemption u/s.11 of the Act. She also placed reliance on the decision of Coordinate Bench of the Tribunal in the case of The Poona Diocesan Educational Society Vs. ACIT – order dt. 29.03.2023, copy of the order placed in the paper book.
Heard the rival submissions and carefully perused the material on record. I find that admittedly in the present case Form No.10 was filed along with return of income but beyond the due date. Form No.10B was very much available with the CPC when the return of income was being processed. It is settled position that Statutory Rules cannot override the provisions of the Act.
Therefore, I direct the CPC to rectify the intimation by taking into consideration the Form No.10B of the appellant. Accordingly, the appeal of the appellant stands allowed. The ratio of decision in the case of Little Angels Education Society Vs. Union of India 434 ITR 423 (Bombay) has no application to the facts of the present case in as much as in the said case the issue was relating to condonation of delay.
In the result, the appeal of the appellant is allowed. Order pronounced on this 19th day of April, 2024.