ASSISTANT COMMISSIONER OF INCOME TAX EXEMPTION CIRCLE PATNA, PATNA vs. CHANAKYA NATIONAL LAW UNIVERSITY, NAYAY NAGAR
In the result, this appeal is allowed for statistical purposes
ITA 342/PAT/2024[2016-17]Status: DisposedITAT Patna21 Nov 2024AY 2016-17
Bench: Shri Duvvuru Rl Reddy, Vice- & Shri Sanjay Awasthii.T.A. No.342/Pat/2024 Assessment Year: 2016-17 Acit(Exemption), Patna..........................................................……….……Appellant Vs. Chanakya National Law University, Nayay Nagar.............……...…..…..Respondent Mithapur, Patna, Bihar – 800001. [Pan: Aaajc0528M] Appearances By: Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Appellant. Shri A. K. Rastogi, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 18, 2024 Date Of Pronouncing The Order : November 21, 2024 Order Per Sanjay Awasthi: 1. The Present Appeal Has Been Filed By The Revenue Against The Order Dated 07.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 1.1 In This Case, There Were Primarily Two Issues Which Were Before The Assessing Officer, Namely, The Issue Of Delayed Filing Of Form 10 Which Was Required U/S 11(2) R.W.S. 13(9) Of The Act & Secondly, The Issue Of An Amount Of Rs.3,58,00,000/- Which Was Added As Technically Being A Receipt Which Had Not Been Offered For Tax By The Assessee. Needless To Say, The Amount Of Rs.3,58,00,000/- Was Added & The Benefit Of Carry Forward Of Surplus Income Was Denied Since The Form 10 Was Not Filed In Time. 2. This Matter Was Carried In Appeal Before The Ld. Cit(A) & There The Issue Of Rs.3,58,00,000/- Was Allowed As Relief On The Ground That The Impugned Amount Was Apparently Debited Internally & Shown As
Section 11(2)Section 250
section 11(2) by the Assessing Officer is hereby confirmed.”
5.2
We support this action in as much as that the CBDT has its powers u/s 119(2)(b) of the Act to condone the delay and in case, the said action is done then the assessee would get consequential benefits u/s 11(2) r.w.s. 13(9
