INDIAN FOOTWEARCOMPONENTS MANUFACTURERS ASSOCIATION , NOIDA V. ACIT ASSESSMENT UNIT , ACIT NFAC DELHI

ITA 8343/DEL/2025

AI Insights

The case involves the Indian Footwearcomponents Manufacturers Association (the appellant) appealing against the order of the Commissioner of Income Tax (Appeals)/NFAC, which dismissed their appeal without addressing the issues raised. The primary contention was the denial of exemption under Section 11 during the assessment year 2018-19, due to a delayed filing of Form-10B. The delay was later condoned by the CIT(E) under Section 119(2)(b) of the Act. The Tribunal found that the CIT(A) should have directed the AO to reconsider the exemption claim in light of the condonation.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837590 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Appeal Filed On: 12-12-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘SMC’: NEW DELHI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER ITA No.8343/Del/2025 Assessment Year 2018-19 Indian Footwearcomponents Manufactures Association, Noida PAN No.AAAAI2561F Vs. ACIT Assessment Unit NFAC, Delhi Appellant Respondent Appellant Sh. V.K. Tulsian, CA Sh. Kanhaiya Lal, Advocate Sh. Sanjay Sharma, Advocate (Through VC) Respondent Sh. Manoj Kumar, Sr. DR Date of Hearing 12.01.2026 Date of Pronouncement 17.02.2026 ORDER PER C.N. PRASAD, JM, This appeal is filed by the assessee against the order of the Ld.Commissioner of Income Tax (Appeals)/NFAC dated 12.10.2025 for A.Y. 2018-19 in dismissing the appeal of the assessee without giving any directions/ decision on the issues raised by the assessee. 2. The Ld. Counsel for the assessee at the outset submitted that exemption u/s.11 was denied by the AO while completing the assessment u/s.143(3) of the Act for the reason that there Printed from counselvise.com Page | 2 is a delay in filing Form-10B. The Ld. Counsel for the assessee submitted that the delay in filing Form-10B has been condoned by the Ld. CIT(E) vide order dated 19.03.2021 passed u/s.119(2)(b) of the Act and the in view of this order the Ld. CIT(A) should have directed the AO to consider the claim for exemption u/s.11 to the assessee association. 3. Heard rival contentions and perused the orders of the authorities below. The AO denied exemption u/s.11 for the reason that the assessee filed Form-10B with a delay. On perusal of the order passed by the CIT(E) dated 19.03.2021 it is observed that the delay in filing Form-10B for A.Y.2018-19 is condoned by the Ld. CIT(E). In view of this order of the Ld. CIT(E), the AO shall consider the claim for exemption u/s.11 in accordance with law. Thus, we restore this appeal to the file of the AO with a direction to examine the claim for exemption u/s.11 to the assessee association in accordance with law after providing adequate opportunity to the assessee. 4. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 17.02.2026. Sd/- [C.N. PRASAD] JUDICIAL MEMBER Dated: 17.02.2026 NEHA , Sr.P.S.* Printed from counselvise.com Page | 3 Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Printed from counselvise.com "