CARMALITE CONVENT RAMAPURAM,RAMAPURAM vs. CIT (EXEMPTIONS), KOCHI

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ITA 905/COCH/2022Status: DisposedITAT Cochin07 September 2023AY 2020-21Bench: Shri Sanjay Arora (Accountant Member), Shri Manomohan Das (Judicial Member)2 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the delay in filing Form 10B has been condoned, the matter should be restored to the Assessing Officer for processing the return on merits. The appeal was deemed perhaps unnecessary given the condonation order.

What were the facts?

The assessee, a charitable institution, was denied exemption under Sections 11 and 12 of the Income Tax Act for AY 2020-2021 due to a delay in filing Form 10B. The delay in filing Form 10B was subsequently condoned by the CIT(Exemptions).

What were the issues?

Whether the denial of exemption under Sections 11 and 12 is justified when the delay in filing the mandatory Form 10B has been condoned.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Sanjay Arora, AM &Shri Manomohan Das, JM

Hearing: 07.09.2023

O R D E R

Per Sanjay Arora, AM:

1.

This is an Appeal by the Assessee directed against the Order dated 08.08.2022 by the Commissioner of Income Tax (Appeals)(NFAC, Delhi), confirming the denial of exemption under sections 11 and 12 of the Income Tax Act, 1961 (‘the Act’ hereinafter), on the processing of the assessee’s return for assessment year (AY) 2020-2021 vide Intimation u/s. 143(1) dated 30.11.2021.

2.1 At the very outset, it was explained by Sri.P.J.Johny, the learned counsel for the assessee, that the only reason for the denial of exemption u/ss.11 and 12 of the Act by the Revenue is the non-condonation of the delay in filing Form 10B along with it’s return of income by the assessee, registered u/s.12A / 12AA of the Act as a charitable and religious institution. Taking us through the assessee’s written submissions dated 04.09.2023 (copy on record), he would take us through the order u/s.119(2)(b) dated 22.11.2022 condoning the delay in filing Form 10B for AY 2020-21. The delay in filing the said form having been since condoned, the matter, it was submitted, may be restored to the file of the Assessing Officer (AO) for giving effect thereto.

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