DCIT, CIRCLE EXEMPTION JAIPUR, JAIPUR vs. STATE INSTITUTE OF HEALTH AND FAMILY WELFARE, JAIPR

ITA 267/JPR/2023Status: DisposedITAT Jaipur12 July 2023AY 2014-15Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)14 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the delay in filing the audit report (Form 10/10B) is a procedural lapse and does not warrant denial of exemption under Section 11, provided the report is available before the Assessing Officer or appellate authority. The Tribunal also found that the CIT(A) correctly followed judicial precedents regarding the specification of purposes for accumulation.

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing the assessee's appeal and deleting a disallowance of Rs. 2,05,11,280/- made on account of accumulation of funds. The disallowance was primarily due to the delayed filing of Form 10/10B and the alleged lack of specific purposes for the accumulation.

What were the issues?

Whether the delayed filing of Form 10/10B and the lack of specific purposes for fund accumulation are grounds to deny exemption under Section 11. Whether the CIT(A) has the right to condone such delays and grant exemptions.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 12A,Section 44AB,Section 139

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(6)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR

Before: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 267/JP/2023 Shri Rajat Choudhary, Advocate

For Respondent: Shri A.S. Nehra, Addl. CIT-DR fu/kZkfjrh dh vksj ls@Assessee by : Shri R.S. Pooonia, CA, Shri Rajat Choudhary, Advocate
Hearing: 21/06/2023Pronounced: 12/07/2023

PER SANDEEP GOSAIN, JM This appeal filed by the Revenue is directed against order of the ld. CIT(A) dated 01-03-2023, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2014-15 wherein the Revenue has raised the following grounds of appeal. i. "Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A)

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 11

All 7,190 judgments and leading authorities on Section 11 →

Recent GST High Court judgments

Search GST case law →