SAMPOORNA SEVA CHARITABLE TRUST,ALAKNANDA, SOUTH DELHI vs. INCOME TAX OFFICER, WARD EXEMP 2(1), DELHI, CIVIC CENTRE, NEW DELHI
In the result, the appeal filed by the assessee is allowed
ITA 5594/DEL/2024[2022-23]Status: DisposedITAT Delhi04 Jun 2025AY 2022-23
Bench: Shris.Rifaur Rahmansampoorna Seva Charitable Trust, Vs. Ito, Ward Exempt 2(1), A – 23, Alaknanda, South Delhi, Delhi. New Delhi – 110 019. (Pan : Aaxts8701R) (Appellant) (Respondent) Assessee By : Shri Shivam Malik, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 13.03.2025 Date Of Order : 04.06.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Orders Of The Learned Addl/Jcit (Appeals), Indore [“Ld. Cit(A)”, For Short] Dated 08.10.2024 For The Assessment Years 2022-23 Raising Following Grounds Of Appeal :- “1. That The Denial Of Exemption Of Rs.26,35,000/- Under Section 11 Of The Income Tax Act By The Cpc Merely Due To Delay In Filing Of Form 10B Is Bad In Law. 2. That Pursuant To The Faceless Appeal Scheme, The Ld. Add.Cit/Jcit Had No Jurisdiction To Pass The Order Under Section 250 Of The Act And, Therefore, The Impugned Order, Being Without Jurisdiction, Is Bad In Law. 3. That The Addition Of Rs.26,35,000/- To The Total Income Of The Appellant Trust & Consequent Tax Demand Created At Rs.7,40,310/- Is Arbitrary & Unjust.
For Appellant: Shri Shivam Malik, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 11Section 12ASection 250
…not mandatory, and that a mere delay in filing cannot be a bar to an assessee claiming lawful exemption :- (a) B. R. Hospital Research Institute v. ITO [2024] 167 taxmann.com 389 (Delhi - Trib.) (b) Bhagwant Kishore Memorial Educational Society v. ITO [2024] 209 ITD 179 (Delhi - Trib.) 4 2.3 Ld. AR submitted that the ld. CIT(A) while dismissing the appeal of the assessee has relied upon the judgment of the Hon'ble Supreme Court in CIT V. Wipro Ltd. [2022] 140 taxmann.com 223 (SC) and observed that time limit for filing Form 10B is mandatory. He submitted that ld. CIT (A) has observed this despite noting the dif…