HARINGHATA MAHAVIDYALAYA,NADIA V. ITO, WARD 43(1), NADIA

ITA 11/KOL/2024

AI Insights

The case involves Haringhata Mahavidyalaya, an educational trust, appealing against the decision of the Commissioner of Income Tax (Appeals), which denied them an exemption under section 10(23C)(iiiab) of the Income Tax Act, 1961, for the assessment year 2018-19. The primary issues were whether the exemption could be denied for late filing of the income tax return beyond the specified time under section 139(1) of the Act, and whether filing the return under section 139(4D) instead of section 139(4C) could disqualify them from the exemption. The Tribunal concluded that there was no legal basis for denying the exemption on these grounds.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 29748 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-07-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 01-01-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 250; 139(1); 139

Judgement Text

" आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘A’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. No.11/Kol/2024 Assessment Year: 2018-19 Haringhata Mahavidyalay ………………....….......…....………....Appellant Subarnapur, Haringhata, Nadia, West Bengal-741249. (PAN:AAALH0658M) vs. ITO, Ward-43(1), Nadia ...............................…..…..... Respondent Appearances by: Shri Siddharth Agarwal, Advocate appeared on behalf of the appellant. Shri Raja Sengupta, Addl. CIT, Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing :July 03, 2024 Date of pronouncing the order :October 01, 2024 आदेश / ORDER संजय गगᭅ, ᭠याियक सद᭭य ᳇ारा/ Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 30.10.2023 of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the “Ld. CIT(A)” passed u/s. 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”). 2. The first issue involved in this appeal is as to whether the exemption u/s. 10(23C)(iiiab) of the Act can be denied to the assessee trust for late filing of the income tax return i.e. beyond time specified u/s. 139(1) of the Act and secondly, if the return is required to be mandatorily filed then whether, the filing of the return u/s. 139(4D) instead of section 139(4C) of the Act disentitles the assessee from claiming the exemption u/s. 10(23C)(iiiab) of the Act. I.T.A. No.11/Kol/2024 Assessment Year: 2018-19 Haringhata Mahavidyalaya. 2 3. The Ld. Counsel for the assessee has contended that there is no provision under the Income Tax Act vide which the exemption u/s. 10(23C)(iiiab) of the Act can be denied to an assessee for non-filing or late filing of the income tax return as required u/s. 139 of the Act and within the period specified u/s. 139(1) of the Act. 4. The Ld. DR could not point out any relevant provision or section under the Income Tax Act which disentitles the assessee from claiming exemption u/s. 10(23C)(iiiab) of the Act for non-filing/late filing of the income tax return. Therefore, the action of the lower authorities in denying the exemption to the assessee on this ground is not sustainable. 5. The second issue as to whether the filing of the return in wrong form i.e. Form u/s. 139(4D) instead of Form u/s. 139(4C) becomes irrelevant. In view of the above stated legal position the action of the lower authorities in denying exemption to the assessee cannot be held to be justified. The impugned order of the Ld. CIT(A) is set aside and the Ld. AO is directed to grant exemption to the assessee as claimed u/s. 10(23C)(iiiab) of the Act. 6. In the result, the appeal of the assessee stands allowed. Order is pronounced in the open court on 01.10.2024 Sd/- Sd/- [Rakesh Mishra] [Sanjay Garg] लेखा सद᭭य/Accountant Member ᭠याियक सद᭭य/Judicial Member Dated: 01.10.2024. JD I.T.A. No.11/Kol/2024 Assessment Year: 2018-19 Haringhata Mahavidyalaya. 3 Copy of the order forwarded to: 1.Haringhata Mahavidyalaya 2. ITO, Ward-43(1), Nadia 3. CIT(A), NFAC, Delhi 4. Pr. CIT, 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches "