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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER
I.T.A. No. 206/Asr/2023 Assessment Year: 2022-23
M/s Akki Bai Oswal Trust C/o Vs. Income Tax Oswal Spinning & Weaving Officer(Exemptions), Mills Ltd. G.T. Road, Jugiana, Ward- Jalandhar.(Through Ludhiana. CPC, Bengaluru. [PAN:-AAATA5003D] (Appellant) (Respondent)
Appellant by Sh. Ashwani Kumar, CA Respondent by Sh. Ravinder Mittal, Sr.DR.
Date of Hearing 21.08.2023 Date of Pronouncement 23.08.2023
ORDER Per: Anikesh Banerjee, JM: The instant appeal of the assessee was filed against the order of the ld. NFAC, Delhi, (in brevity ‘the CIT (A)’) order passed u/s 250 of the Income-tax Act, 1961 (in brevity the Act) for assessment year 2022-23. The impugned order
was emanated from the order of the ld. CPC, Bengaluru, (in brevity the ld. AO) order passed u/s 143(1) of the Act.
Brief fact of the case is that the assessee is a trust and filed audit report in Form 10B in delay. So, the entire exemption of Trust was rejected by the CPC.
I.T.A. No. 206/Asr/2023 2 Assessment Year: 2022-23
The assessee filed the appeal before the ld. CIT(A) by challenging the intimation. The assessee prayed to accept the Audit report and quash the demand. Later, the Circular was issued by the CBDT bearing no. 16/2022 dated 19.07.2022 for extension of time for delay in filing the Form 10B. The
assessee applied for this, and the matter is pending before the ld. CIT(E). But
the ld. CIT(A) rejected the submission of the assessee and confirmed the
demand and dismissed the appeal of the assessee. Being aggrieved assessee
filed an appeal before us.
The ld. AR in his argument stated that the assessee made delay in filing
Form 10B before the authority. The ld. AR relied on the CBDT Circular no. 16/2022 dated 19.07.2022. A copy of the audit report is enclosed in APB pages 3 to 11. The matter is pending before the ld. CIT(E) for consideration of the
audit report filed in delay. The ld. AR prayed for abatement of the appeal
petition and request for further recall the matter after completion of pending
action of the assessee,
The ld. DR had not made any objection against the submission of the ld.
AR.
The assessee applied for condonation of delay for filing the audit report in
Form 10B. The matter is still pending before the ld. CIT(E) for
acceptance.Thus, in view of the above, we dismissed the present appeal filed by
the assessee with liberty that upon completion of pending action, the assessee
I.T.A. No. 206/Asr/2023 3 Assessment Year: 2022-23
may prefer to appeal a fresh or seek recall of order after fixation of pending action.
In the result, the appeal of the assessee bearing ITA No. 206/Asr/2023 is
dismissed.
Order pronounced in the open court on 23.08.2023
Sd/- Sd/- (Dr. M. L. Meena) (ANIKESH BANERJEE) Accountant Member Judicial Member AKV Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T. True Copy By order