KRISHNA EDUCATIONAL TRUST,MORADABAD vs. CIT(EXEMPTION), LUCKNOW

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ITA 100/DEL/2022Status: DisposedITAT Delhi06 October 2023Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI YOGESH KUMAR US (Judicial Member)2 pages
AI SummaryRemanded

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?

Section 10(23C)(vi)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’ : NEW DELHI

For Appellant: Shri V. Rajakumar, Advocate
For Respondent: Shri Waseem Arshad, CIT DR
Hearing: 04.10.2023

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.

2.

Grounds of appeal taken by the assessee read as under :-

1.

“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.

3.

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.

4.

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.

5.

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.

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