ITO(Exemptions), Cuttack, SHELTER SQUARE, TULASIPUR, CUTTACK V. BLOCK VOLUNTARY ORGANIZATION FOR IMPROVEMENT OF CULTURE AND ECO ENVIRONMENT , BENTKAR, CUTTACK

ITA 260/CTK/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5322 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 04-06-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Income Tax officer (Exemptions), Cuttack PAN/GIR No (Appellant This is CIT(A), NFAC, Delhi 16/10253966 2. Shri S.C.Mohanty None appeared for the assessee. 3. The grievance of the revenue in erred in condoning the delay in filing of audit report in Form 10B and allowing the exempt demand of Rs.4,96,426/ IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL ITA No.260/CTK/2024 Assessment Year : 2016-17 Income Tax officer (Exemptions), Cuttack Vs. Block Voluntary Organisation for Improvement of Culture and Eco Environment, Bentakar, Cuttack PAN/GIR No.AAAAB 9244 N (Appellant) .. ( Respondent Assessee by : None Revenue by : Shri S.C.Mohanty, ld Sr DR Date of Hearing : 6/08 Date of Pronouncement : 6/0 O R D E R an appeal filed by the revenue against the order of the ld CIT(A), NFAC, Delhi dated 14.3.2024 in Appeal No. NFAC/2015 for the assessment year 2016-17. Shri S.C.Mohanty, ld Sr DR represented on behalf of the revenue. None appeared for the assessee. The grievance of the revenue in this appeal is that the ld CIT(A erred in condoning the delay in filing of audit report in Form 10B and allowing the exemption u/s.11 of the Act and consequently deleting the demand of Rs.4,96,426/-. Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER Block Voluntary Organisation for Improvement of Culture and Eco Environment, Bentakar, Cuttack Respondent) , ld Sr DR 8/2024 /08/2024 inst the order of the ld in Appeal No. NFAC/2015- represented on behalf of the revenue. this appeal is that the ld CIT(A) erred in condoning the delay in filing of audit report in Form 10B and and consequently deleting the ITA No.260/CTK/2024 Assessment Year : 2016-17 Page2 | 3 4. I have considered the rival submissions. On perusal of the order of the ld. CIT(A) clearly shows that the ld CIT(A) has condoned the delay in filing of the audit report in Form 10B and directed the AO to consider the Form 10B so filed and allow the claim of exemption u/s.11 of the Act following the decision of the Co-ordinate Bench of this Tribunal in the case of Jeevan Kalyana Sadhana Kendra, Nuapada vs ITO in ITA No.73/CTK/22 dated 2.3.2023, wherein, following the judgement of the Hon’ble P&H High Court in the case of Shahzedanand Charity Trust, held that the audit report u/s.12A(1)(b) of the Act can be filed even at the appellate stage. In this case, it is noticed that the audit report has been filed with a delay alongwith affidavit. In view of above, we concur with the view taken by the ld CIT (A) in condoning the delay in filing the return. Even otherwise, in this case, the tax effect is below the monetary limit prescribed as per CBDT Circular No.17/2019, dated 8.8.2019, which is Rs.50 lakh for filing appeal before the Tribunal. On this ground also, the appeal of the revenue deserves to be dismissed and I do so. 5. In the result, appeal of the revenue stands dismissed. Order dictated and pronounced in the open court on 6/08/2024. Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 6/08/2024 ITA No.260/CTK/2024 Assessment Year : 2016-17 Page3 | 3 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Income Tax officer (Exemptions), Cuttack 2. The respondent:Block Voluntary Organisation for Improvement of Culture and Eco Environment, Bentakar, Cuttack 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//