The India Industrial Mission, Kolkata vs. DCIT, CPC, Bangaluru
In the result, appeal of the assessee is allowed for statistical purposes
ITA 411/KOL/2021[2017-18]Status: DisposedITAT Kolkata12 Sept 2022AY 2017-18
Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 411/Kol/2021 Assessment Year: 2017-18 The India Industrial Mission Deputy Commissioner Of Income 5A, Seals Garden Lane Tax, (Cpc), Bangaluru Vs Cossipore Kolkata - 700002 Pan : Aacct0072E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Jhajaria, Fca/ Shri Sujoy Sen, A/R & Pritee Bhubna, Fca Revenue By : Shri Biswanath Das, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/06/2022 घोषणा क" तारीख /Date Of Pronouncement: 12/09/2022 आदेश/O R D E R Per Shri Girish Agrawal: The Present Appeal By The Assessee Is Arising Out Of The Order Of The Ld. Commisioner Of Income Tax (Appeal), Nfac, Vide Order No. Itba/Nfac/S/250/2021-22/1035133519(1), Dt. 27/08/2021, Against The Intimation U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Issued By Cpc, Bengaluru, Vide Communication Reference No. Cpc/1718/A7/1875540238, Order Dt. 27/03/2019, For Assessment Year 2017-18. 2. The Issue Raised By The Assessee Vide This Appeal Relates To Disallowance Of Claim Made By The Assessee U/S 11 Of The Act. Before Us, Shri Siddhartha Jhajharia, Fca Along With Sujoy Sen, Represented The Assessee & Shri Biswanath Das, Addl. Cit, Represented The Department. Ld. Counsel Submitted A Paper Book Containing 24 Pages, Which Is Placed On Record. Ld. Counsel Also Referred To The Additional Grounds Raised Before This Tribunal Filed On 26/04/2022 In Respect Of Processing Of Return U/S 143(1) Wherein No Disallowance Or Addition Can Be Made Which Are Not Apparent On Record Or Are Debatable Or Has To Be Resolved By A Long Drawn Process Of Reasoning & Accordingly, The Intimation Issued U/S 143(1) By The Cpc, Bengaluru By Making A Disallowance U/S 11 Of The Act Is Not Sustainable.
For Appellant: Shri Siddharth Jhajaria, FCA/For Respondent: Shri Biswanath Das, Addl. CIT, D/R
Section 11Section 12ASection 143(1)Section 26
…adjustments have been made resulting into a demand on the assessee. 5.1. He placed reliance on the decision of Hon’ble Jurisdictional High Court in the case of Commissioner of Income-tax v. Rai Bahadur Bissesswarlal Motilal Malwasie Trust reported in [1992] 195 ITR 825 (Calcutta HC), wherein it was held that, exemption otherwise available to assessee-trust under section 11 could not be denied merely on account of delay in furnishing auditor's report as required under section 12A of the Act. It was also held in the said decision that, provisions of section 12A are directory in sense that Assessing Officer is not…
