ISLAMI FUND REGD.,AJMAL KHAN ROAD, NAJIBABAD V. COMMISSIONER OF INCOME TAX, EXEMPTION WARD, BAREILLY, EXEMPTION WARD, BAREILLY

ITA 658/LKW/2025

AI Insights

The case involves the Islami Fund Regd, which appealed against the order of the Commissioner of Income Tax (Appeals) [CIT(A)] dated 10/07/2025, which dismissed their appeal for non-prosecution. The assessee had initially filed a return claiming an exemption under section 11 of the Income Tax Act, which was scrutinized and assessed at a total income of Rs.47,76,000 under sections 143(3) and 147 of the Act. The primary contention was the lack of a reasonable opportunity during the assessment and appellate proceedings. Both the assessee's counsel and the Departmental Representative agreed on the need for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785124 (ITAT-LUCKNOW)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 23-09-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT KUMAR
• Assessee Lawyers: SAURABH MADAN
• Section: 147; 143(3); 11

Judgement Text

"I.T.A. No.658/Lkw/2025 Assessment Year:2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “SMC”, LUCKNOW BEFORE SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. No.658/Lkw/2025 Assessment year:2012-13 Islami Fund Regd Ajmal Khan Road, Najibabad-246763 PAN:AAAAI0224P Vs. Income Tax Officer (Exemptions) Bareilly. (Appellant) (Respondent) O R D E R (A) This appeal vide I.T.A. No.658/Lkw/2025 has been filed by the assessee for assessment year 2012-13 against impugned appellate order dated 10/07/2025 (DIN & Order No.ITBA/NFAC/S/250/2025- 26/1078362017(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short]. (B) The facts of the case, in brief, are that the assessee filed its return of income on 25/09/2012 claiming exemption of Rs.47,76,000/- under section 11 of the I. T. Act. Scrutiny assessment was completed against return of income filed by the assessee, by passing order under section 143(3) of the Act at nil assessed income. The assessment was completed under section 143(3) read with section 147 of the Act assessing total income of the assessee at Rs.47,76,000/-. Being aggrieved, the assessee carried the matter in appeal before the learned CIT(A). Vide impugned appellate order Appellant by Shri Saurabh Madan, C.A. Shri Deepesh Jain, Advocate Respondent by Shri Amit Kumar, D.R. Printed from counselvise.com I.T.A. No.658/Lkw/2025 Assessment Year:2012-13 2 dated 10/07/2025, the assessee’s appeal was dismissed by the learned CIT(A) for non-prosecution. Now the assessee is in appeal before the Income Tax Appellate Tribunal. (C) Both sides have been heard. Materials available on record have been perused. During the course of hearing learned Counsel for the assessee submitted that the assessee did not get reasonable opportunity during assessment proceedings before the Assessing Officer and during appellate proceedings before the learned CIT(A). Learned Counsel for the assessee requested that the disputed addition be restored back to the file of the Assessing Officer for passing fresh order. Learned Departmental Representative did not express any objection to this and left the matter to the discretion of the Bench. In view of the foregoing, the issue in dispute is remitted back to the file of the Assessing Officer with the direction to pass fresh assessment order in accordance with law after providing reasonable opportunity to the assessee. (D) In the result, the appeal of the assessee stands allowed for statistical purposes. (Order pronounced in the open court on 14/11/2025) Sd/. (ANADEE NATH MISSHRA) Accountant Member Dated:14/11/2025 *Singh Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T. Printed from counselvise.com "