NANCY ANN MILLER EDUCATIONAL TRUST,INDORE vs. INCOME TAX OFFICER-EXEMPTION, INDORE

Appeal is allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2018-19 Nancy Ann Miller Income-Tax Officer, Educational Trust, Ward-(Exemption), बनाम/ 64/67, Dhar Kothi, Indore. Vs. Indore. (Assessee / Appellant) (Revenue / Respondent) Pan: Aaatn4010B Assessee By Shri S.S.Deshpande, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 08.05.2024 Date Of Pronouncement 16.05.2024

condoning the delay in filing audit report (Form No. 10B) but the assessee has not filed any petition before Commissioner of Income-tax, and (iii) The assessee has filed rectification-application u/s 154 and thereafter come in appeal before him instead of appeal against intimation u/s 143(1). The assessee ought to have challenged the intimation

ROSHNI HOMI DAJI BAHU UDDESHIYA SHIKSHA AVM SARVAJANIK NYAS,INDORE vs. CPC, BENGLURU, BENGLURU

Appeal is allowed for statistical purposes

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2023-24 Roshni Homi Daji Bahu Cpc, Bengaluru Uddeshiya Shiksha Avm Sarvajanik Nyas, बनाम/ 119, Kanlindi Kunj, Vs. Pipliyahana Square, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaetr9004R Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 22.09.2025 Date Of Pronouncement 25.09.2025

condoning the delay for filing Form 10B when the return was filed on the basis of the Audit Report obtained by the assessee. 3. The Ld. ADDL. CIT(A) has erred in not considering the CBDT circulars and also the judgment of the Bombay High Court and has erred in not following the judgment of the jurisdictional Indore Tribunal wherein

ADARSH SHISHU VIHAR,INDORE vs. DCIT, CPC, BENGALURU AND ITO EXEMPTION WARD, INDORE, INDORE

Appeal is allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2019-20 Adarsh Shishu Vihar, Dcit, Cpc, Bengaluru & C/O Ca Rajesh Mehta, Ito (Exemption Ward), Rajesh Heeralal Mehta & Indore Company, Chartered Accountants, बनाम/ 203, Manas Bhawan Extn, Vs. 11, Rnt Marg, Near Hotel Shreemaya, Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Aaaaa2270K Assessee By Shri Apurva Mehta, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.06.2024 Date Of Pronouncement 13 .06.2024

delay in the matter of filing audit report (Form No. 10B) and therefore the appellate authorities do not have power of condonation. This point is also rejected by Hon’ble Gujrat High Court in Para 5.6 of their judgement in Indian Panel Board Manufacturer Vs. DCIT Tax Appeal No. 655 of 2022 dated 21.03.2023. For clarity, we may mention that

MALWA PATIDAR SAMAJ SHIKSHA SAMITI ,HATPIPLIYA vs. ADIT, CPC, BENGALURU

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimalwa Patidar Samaj Shiksha Adit, Cpc Samiti Bangaluru Hatpiplya Tehsil Bagli Vs. Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabam4373Q Assessee By Mrs. Nisha Lahoti, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 10.09.2024 Date Of Pronouncement 12 .09.2024

condonation of delay in filing for filing the form 10BB u/s 119(2)(b) before the competent authority as specified by the CBDT in Circular no.15/2022 dated 19.07.2022. It is pertinent to note that the claim of exemption u/s 10(23C)(iv) was claimed by the assesse only after the assesse was granted approval u/s 10(23C)(iv) vide order

SHRI VISHWAMITRA SHIKSHAN SAMITI,INDORE vs. ITO 5(1) , INDORE

Appeal is allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2018-19 Shri Vishwamitra Income-Tax Officer, Shikshan Samiti, 5(1), 104, J. B. Complex, Indore. बनाम/ Race Course Road, Vs. Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Aajts1473J Assessee By Shri Ashish Goyal & Shri N. D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.07.2024 Date Of Pronouncement 26.07.2024

delay in filing audit report (Form No. 10B) but the assessee has not filed any condonation application to CIT. In coming to his conclusion, the CIT(A) has also relied upon decision of Hon’ble Supreme Court in Checkmate Services (P) Ltd. Vs. CIT (2022) 143 taxmann.com 178 (SC) wherein it was held that the taxing statutes

SHREE AMIZIRA PARSHWANATH SWETAMBAR JAIN TIRTH TRUST,AMIJHERA vs. ITO DHAR, DHAR

Appeal is allowed accordingly

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyaniassessment Year: 2022-23 Shree Amizira Parshwanath Ito Swetamber Jain Tirth Trust Dhar बनाम/ Amzera Sardarpur Vs. Dhar (Assessee/ Appellant) (Revenue/ Respondent) Pan: Aamts9264J Assessee By Shri Himanshu Gandhi, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.12.2025 Date Of Pronouncement 13.01.2026

delay is a procedural lapse only and except such procedural lapse, there is no other reason to deny the benefit of section 11/12 to assessee. Ld. AR submitted that the assessee should not be denied the legitimate exemption of section 11/12 when the assessee is genuinely doing charitable/religious activities for the welfare of public and satisfying all conditions prescribed

SAVITRI BAI JHAWAR SEWA NYAS,KHANDWA vs. INCOME TAX OFFICER (EXEMPTION), INDORE, INDORE

Appeal is allowed for statistical purpose

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2020-21 Savitri Bai Jhawar Sewa Ito (Exemption ) Nyas, Indore Viklang Bal Sewa Ashram, बनाम/ Bt College Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaats5055P Assessee By Shri Apurva Mehta & Shri Rajesh Mehta, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.04.2026 Date Of Pronouncement 10.04.2026

delay in filing first-appeal before CIT(A) which should be condoned by this bench. 5. Having said thus, Ld. AR next submitted that in present case, the admitted fact (as can be seen from rectification-order passed by AO, re- produced above) are such that the assessee filed Form No. 10B on 30.12.2020 before filing return of income

SHRI JAN SEWA SANKALP SANSTHAN,SEHORE vs. EXEMPTION WARD, BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2016-17 Shri Jan Sewa Sankalp Assistant Director Of Sansthan, Income Tax, बनाम/ 16, Cpc, Opp. New Collector Office, Bangalore Vs. Sehore (Assessee / Appellant) (Revenue / Respondent) Pan: Aagas4432 B Assessee By Shri Moksha Solanki, Ca & Shri Soumya Bumb, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 25.10.2023

condone delay and proceed with appeal. 4. Brief facts leading to present appeal are such that the assessee- society, an entity registered u/s 12A by CIT(Exemption), Bhopal vide order F.No. CIT(E)/BPL/HQ/12A/01/2014-15 dated 19/12/2014, filed return of income of relevant AY 2016-17 on 15.09.2017 in Form No. ITR-7 declaring a total income

AKSHAY ACADEMY,INDORE, M.P. vs. THE INCOME TAX OFFICER, NFAC, DELHI, THE INCOME TAX OFFICER, NFAC, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniakshay Academy Ito, Nfac 32 Kaimaidan Road, Delhi Khasgi Gagicha Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadta8987B Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ram Kumar Yadav, Cit- Dr Date Of Hearing 06.08.2024 Date Of Pronouncement 20.08.2024

condonation of delay in seeking registration was not available." This clearly goes to prove that the first proviso to section 12A(2) was brought in the statute only as a retrospective effect with a view not to affect genuine charitable trusts and societies carrying on genuine charitable objects in the earlier years and substantive conditions stipulated in section

PROF. RAJENDRA SINGH SHIKSHAN SAMITI,MANDSAUR vs. DCIT, CPC BENGALURU AND ITO, EXEMPTION, UJJAIN, UJJAIN

The appeal of the assessee is allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Guptaassessment Year:2019-20 Prof. Rajendra Singh Dcit, Cpc Gangaluru Shikshan Samiti, Mandsaur बनाम/ Saraswati Shishu Mandir Vs. Keshav Nagar (Assessee/Appellant) (Revenue/Respondent) Pan: Aaeap0905C Assessee By Shri Apurva Mehta & Rajesh Mehta, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.01.2025 Date Of Pronouncement 31.01.2025

delay of 1034 days because of Covid -19 pandemic and even after condoning the same, the JCIT(A) has not adjudicated the case on merits. The appeal has been dismissed without adjudicating the grounds of appeal contained in form 35 on merits of the case. 6. During the course of hearing before us the Ld. AR of the assessee

DCIT-4(1), INDORE, INDORE vs. MARAL OVERSEAS LTD, KHARGONE

In the result appeal of Revenue is dismissed

Bench: Shri B.M. Biyani & Shri Paresh M Joshidcit-4(1), Indore Maral Overseas Ltd., बनाम/ Maral Sarovar, V& Po Vs. Khalbujurg, Kasrawad, Khargone, Bhopal

condone the delay. There are no malafides. The cause of the delay is bonafidely explained basis bonafide reasons. The appeal is admitted & taken up for hearing. 3.3 During the course of the hearing thereafter the Ld. AR for the assessee company addressed this Tribunal first, for which the Ld. DR had no objection. 3.4 The Ld. AR stated that

RANJEETSINGH KESHARIMAL BEFNA SHIKSHA SAMITI,MEGHNAGAR vs. CIT-EXEMPTION, BHOPAL

In the result, this appeal of assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2021-22 Ranjeetsingh Kesharimal Commissioner Of Befna Shiksha Samiti, Income-Tax बनाम/Vs. Meghnagar (Exemption), Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan: Aabar5351F Assessee By Shri Yash Kukreja, Ar Revenue By Shri Ram Kumar Yadav, Cit Dr Date Of Hearing 15.07.2024 Date Of Pronouncement 15.07.2024

condonation of delay in filing Form No. 10B for assessment year 2021-22 had been rejected, the assessee has filed Page 1 of 3 Ranjeet Singh Kesharimal Befna Shiksha Samiti,Meghnagar Assessment year 2021-22 this appeal before us on the grounds mentioned in Form No. 36 (Appeal Memo). 2. Heard the learned Representatives of both sides and case record

WELFARE ASSOCIATION FOR DISABLED,INDORE vs. ASSTT. DIRECTOR OF INCOME TAX CPC BENGALURU, BENGALURU

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2018-19 Welfare Association For The Adit, Cpc, Disabled, Bengaluru, 10, Sukhliya, Indore. बनाम/ Indore. Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Aaaaw 0912 G Assessee By Shri Prakash Gupta & Shri Shashank Sharma, Ca & Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.12.2023 Date Of Pronouncement 21.12.2023

10B) was not filed alongwith return of income. Ld. AR submitted that except such technical defect, there is no other reason to deny the benefit of section 11/12 to assessee. Ld. AR submitted that the e-filing/uploading of audit-report is done by auditors and not by assessee; therefore the defect is not per se attributable to assessee