Shri Deshi Lohana Vidhyarthi Bhavan, Ahmedabad V. The Dy.CIT,Ward-2, Exemp., Ahmedabad

ITA 381/AHD/2022

AI Insights

The case involves Shri Deshi Lohana Vidhyarthi Bhavan, a Public Charitable Trust, which appealed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The appeal arose from an intimation under section 143(1) of the Income Tax Act, 1961, for the Assessment Year 2020-21, where the Assessee's exemption under Section 12A was denied due to the late filing of Audit Report in Form 10B. Initially, the Assessee's appeal was dismissed by the NFAC as it was not maintainable, since the power to condone the delay in filing Form No. 10B rested with the Administrative Commissioner under section 119(2) of the Act. However, after the delay was condoned by the Ld. CIT (Exemption), the Assessee withdrew the appeal before the Income Tax Appellate Tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 114309 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 26-03-2023
• Assessment Year: 2020-2021
• Appeal Filed On: 09-10-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Charitable institution; Benefit of exemption
• Section: 12A; 119(2)(b); 10B; 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Shri Deshi Lohana Vidhyarthi Bhavan Nr. Vyayam Vidhyalay Kankaria-380022 Gujarat PAN: AAAAS5836R (Appellant) Vs The Deputy Commissioner of Income Tax,Ward-2, Exemption, Ahmedabad (Respondent) Assessee Represented: Shri Samir Vora, A.R. Revenue Represented: Shri Atul Pandey, Sr. D.R. Date of hearing : 27-03-2023 Date of pronouncement : 29-03-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the Appellate order dated 11.08.2022 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “NFAC”), arising out of the Intimation passed under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2020-21. ITA No. 381/Ahd/2022 Assessment Year 2020-21 I.T.A No. 381/Ahd/2022 A.Y. 2020-21 Page No Shri Deshi Lohana Vidhyarthi Bhavan vs. DCIT (Exemption) 2 2. The brief facts of the case is that the assessee is a Public Charitable Trust and registered u/s. 12A of the Income Tax Act. For the Assessment Year 2020-21, the assessee filed its Return of Income declaring Nil income on 12.02.2021. However the assessee failed to file Audit Report in Form 10B along with the Return of Income. The assessee filed Form No. 10B after the due date (of filing Return of Income) on 12.02.2021 because of Covid-19 circumstances. 3. The Ld. DCIT, CPC, Bangalore vide intimation u/s. 143(1) denied the benefit of exemption Section 12A of the Act, as the Assessee has not filed Form No. 10B along with the Return of Income and demanded a tax of Rs. 21,43,940/-. 4. Aggrieved against the same, the assessee filed an appeal before Ld. NFAC. The appeal was dismissed as the appeal is not maintainable, since the power to condone the delay in filing Form No. 10B is vest with the Administrative Commissioner u/s. 119(2) of the Act, therefore the appeal was dismissed by Ld. NFAC. 5. Aggrieved against the same, the assessee is in appeal before us. At the outset, the Ld. Counsel for the assessee submitted that the delay in filing Form No. 10B was condoned by Ld.CIT (Exemption) vide order dated 10.01.2023 passed u/s. 119(2)(b) of the Act. Therefore, there is no grievance of the assessee, as the ld. counsel requested to withdraw the present appeal filed by the assessee. I.T.A No. 381/Ahd/2022 A.Y. 2020-21 Page No Shri Deshi Lohana Vidhyarthi Bhavan vs. DCIT (Exemption) 3 6. Per contra, the Ld. D.R. appearing for the Revenue has no objection for the above withdrawal of the assessee appeal. 7. Recording the same, the appeal filed by the Assessee is dismissed as withdrawn. Order pronounced in the open court on 29-03-2023 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 29/03/2023 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद