KRISHNA EDUCATIONAL TRUST,MORADABAD vs. CIT(EXEMPTION), LUCKNOW
What did the Tribunal hold?
The Tribunal held that the delay in filing the application deserved to be condoned in the interest of justice. The matter was remitted back to the CIT (Exemption) to consider the application on its merits after providing an opportunity of being heard to the assessee.
What were the facts?
The assessee trust filed an application for approval of exemption under Section 10(23C)(vi) of the Income Tax Act, 1961, with a delay of one month. The CIT (Exemption) dismissed the application without condoning the delay.
What were the issues?
Whether the delay in filing the application for exemption should be condoned and whether the application should be considered on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’ : NEW DELHI
PER SHAMIM YAHYA, ACCOUNTANT MEMBER :
This appeal filed by the assessee is directed against the order of ld.
CIT (Exemption), Lucknow dated 30.10.2019.
Grounds of appeal taken by the assessee read as under :-
“On the facts and in the circumstances of the case and in law the order of the Pr. Commissioner of Income Tax (Exemption), Lucknow – i. not condoning the delay caused by reasons beyond the control of the assessee of one month; ii. rejection the application for approval of exemption under section 10(23C)(vi) of the Income Tax Act, 1961.
At the outset, in this case, it is noted that ld. CIT (E) has dismissed the appeal by not condoning the delay of one moth in filing the application.
Upon careful consideration and hearing both the counsels, we are of the considered opinion that the delay deserves to be condoned. Hence, in the interest of justice, we condone the delay and remit the issue to the file of ld. CIT (E) to consider the application on merits of the case after giving the assessee appropriate opportunity of being heard.
In the result, this appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 6TH day of October, 2023.
More judgments on Section 10(23C)(vi)
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Sri Vijayadurga Educational Society, Kurnool vs Income Tax Officer (Exemptions), TirupatiITA 2006/HYD/2026[2021-22]Status: Disposed18 Sept 2026AY 2021-22
- DCIT Exemptions Circle 1(1), Kolkata vs South Point Education Society, KolkataITA 2169/KOL/2026[2016-17]Status: Disposed11 Sept 2026AY 2016-17
- Ajanta Educational Trust, Amritsar vs CIT (Exemptions), ChandigarhITA 276/ASR/2026[2027-28]Status: Disposed31 Aug 2026AY 2027-28
- Sunflower Academy of Education… vs DDIT, VisakhapatnamITA 363/VIZ/2026[2018-19]Status: Disposed31 Aug 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026
- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026