DEPUTY COMMISSIONER OF INCOME TAX -(EXEMPTION), LUCKNOW vs. M/S U.P HINDI SANSTHAN, LUCKNOW

ITA 198/LKW/2019Status: DisposedITAT Lucknow20 November 2024AY 2016-17Bench: SHRI KUL BHARAT (Vice President), SHRI ANADEE NATH MISSHRA (Accountant Member)7 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the orders of the CIT(A) and CIT(E) and restored the issues to the respective authorities for fresh consideration. The Assessing Officer and CIT(E) were directed to pass de novo orders after providing reasonable opportunities to the assessee.

What were the facts?

The assessee claimed exemption under Section 11, but the Assessing Officer disallowed it due to the delayed filing of Form 10. The CIT(A) condoned the delay and allowed the claim, while the CIT(E) rejected the condonation application. Both parties agreed to a de novo assessment.

What were the issues?

The primary issue was the condonation of delay in filing Form 10 for claiming accumulation of income under Section 11(2). The Tribunal also considered the admissibility of depreciation claimed as application of income.

Which sections of the Income-tax Act were involved?

Section 11,Section 11(2),Section 11(6),Section 12A,Section 254(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Hariom Rastogi, C.A
For Respondent: Shri Sanjeev Krishna Sharma, Addl

PER BENCH:

1 The grounds of appeal of the assessee for ITA. No. 198/LKW/2019 are as under: -

“1 Ld. Commissioner of Income Tax (A) has erred in law and facts in allowing the claim of accumulation u/s 11(2) of the IT Act, 1961, whereas the assessee had not filed Form No.10 within prescribed time limit and deleting the addition of Rs.2,7

The order continues below.

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