CIT(EXEMPTION), KOLKATA, KOLKATA V. SUSAMSKAR FOUNDATION , KOLKATA

MA 27/KOL/2024

AI Insights

The case involves the Income Tax Appellate Tribunal in Kolkata, where the CIT (Exemption) appealed against the Susamskar Foundation regarding a misunderstanding in the registration status under the Income Tax Act. Initially, the Tribunal had directed the CIT (Exemption) to reconsider the assessee's application for exemption. However, the CIT (Exemption) later filed a miscellaneous application pointing out that the Tribunal had incorrectly assumed the nature of the assessee's registration. The Tribunal acknowledged this mistake and recalled its earlier order, dismissing the assessee's appeal based on the correct understanding of the registration status.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 28745 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 01-11-2024
• Assessment Year: misc
• Appeal Filed On: 14-06-2024
• Other Referred Cases: M.A No.16/Kol/2024 arising out of ITA No.912/Kol/2023 order dated 25.09.24
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

" आयकर अपीलȣय अͬधकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Sonjoy Sarma, Judicial Member M.A. No.27/Kol/2024 (In I.T.A. No.1113/Kol/2023 decided vide order dated 06.03.24) CIT (Exemption), Kolkata…………………………………………..…..……Appellant vs. Susamskar Foundation............…....….…..….........……........……...…..…..Respondent F 13/2, Karunamoyee Housing Estate, Sector II, Salt Lake, North 24 Parganas, West Bengal-700091. [PAN: AATTS4390Q] Appearances by: Shri A. Kundu, CIT-DR, appeared on behalf of the appellant. Shri P. K. Ray, Advocate, appeared on behalf of the Respondent. Date of concluding the hearing : November 01, 2024 Date of pronouncing the order : November 18, 2024 ORDER Per Sonjoy Sarma, Judicial Member: The present miscellaneous application has been preferred by the revenue stating for recalling of the order of this Tribunal dated 06.03.2024 passed in ITA No.1113/Kol/2023. 2. In this miscellaneous application, it is pleaded at the instance of the revenue that a mistake apparent on record has occurred in the order of the Tribunal dated 06.03.2024 passed in ITA No.1113/Kol/2023. The applicant contends that the Tribunal while allowing the appeal of the assessee directed the ld. CIT(Exemption) to reconsider the assessee’s application and grant exemption, if eligible, as per the provisions of the Act. The ld. DR pointed out that the Tribunal has mistakenly assumed that the assessee owned provisional registration and had applied for regular registration u/s 12AB(1)(b) of the Act. In reality, the assessee already had regular registration not provisional registration as per the provisions of section 12A(1)(ac)(i) of the Act. According to the ld. DR, M.A. No.27/Kol/2024 Susamskar Foundation 2 section 12A(1)(ac)(i) of the Act, all existing trusts registered u/s 12A/12AA of the Act before 01.04.2021 were required to take fresh registration under the new regime. The assessee being registered before the date had applied for renewal under the specified provision receiving Form 10AC issued on 05.04.2022 which is valid until assessment year 2026-27. The assessee in the present case is required to reapply six months before the end of A.Y 2026-27. Since the registration granted to the assessee is still valid, therefore, there is no need for further application filed by the assessee. The ld. DR submitted that the order of the Tribunal dated 06.03.2024 may not be accurate since the registration already granted remains valid and operational until A.Y 2026-27. Therefore, the ld. DR through this miscellaneous application contends that the Tribunal should review and reconsider its earlier order dated 06.03.2024 following the precedence already settled in M.A No.16/Kol/2024 arising out of ITA No.912/Kol/2023 order dated 25.09.24, wherein, under similar, the issues were addressed in favour of the revenue. 3. On the other hand, the respondent did not oppose the above request of the ld. DR. 4. We, after considering the arguments and perusing the materials on record, acknowledge the entirety of the point raised by the applicant and by following the precedence already set by the Tribunal in its decision in M.A No.16/Kol/2024, allow the instant miscellaneous application filed by the revenue. We recall our order dated 06.03.2024 passed in ITA No.1113/Kol/2023. The miscellaneous application of the revenue is allowed and the appeal of the assessee is to be treated as dismissed. On expiry of the alleged registration, which is valid from A.Y 2022-23 to A.Y 2026-27, the assessee will be at liberty to proceed in accordance with law. M.A. No.27/Kol/2024 Susamskar Foundation 3 5. In the result, the miscellaneous application of the revenue is allowed. Kolkata, the 18th November, 2024. Sd/- Sd/- [Rajesh Kumar] [Sonjoy Sarma] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 18.11.2024. RS Copy of the order forwarded to: 1. CIT (Exemption), Kolkata 2. Susamskar Foundation 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches "