KISHINCHAND CHELLARAM FOUNDATION , MUMBAI V. EXEM. WARD-1(4), MUMBAI

ITA 739/MUM/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6899 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC-1
• Assessment Year: 2016-2017
• Appeal Filed On: 06-05-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 10B

Judgement Text

1 ITA 739/Mum/2019 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI A.M. ALANKAMONY (ACCOUNTANT MEMBER) AND SMT KAVITHA RAJAGOPAL (JUDICIAL MEMBER) I.T.A No.739/Mum/2021 (Assessment year: 2016-17) KISHINCHAND CHELLARAM FOUNDATION vs EXEM WARD 1(4), Mumbai 105, 10 th Floor, Atlanta Building Nariman Point,1 PAN : AAATK9989Q (Appellant) (Respondent) Assessee represented by : Shri Niraj Sheth Department represented by : Ms. Manju Thakur, Sr.AR Date of hearing : 15/03/2022 Date of pronouncement : 15/03/2022 O R D E R Per: A. Mohan Alankamony(AM): This appeal has been filed by the assessee against the order dated 11/03/2021 passed by the Natuional Faceless Appeal Centre (NFAC), Delhi for the assessment year 2016-17. 2. At the outset, the Ld.AR submitted that the revenue had denied the benefit of exemption under section 11(1) of the I.T. Act, 1961 (‘the Act’, henceforth) because the assessee failed to submit form 10B of the I.T. Rules, 1962. The Ld.AR further submitted that the assessee has submitted form 10B before the first appellate authority, but, however, could not upload the same electronically 2 ITA 739/Mum/2019 because the assessee’s Chartered Accountant had surrendered his Certificate of Practice (CP) and left the profession. It was, therefore, pleaded that it was beyond the control of the assessee for not uploading form 10B electronically. The Ld.AR further pleaded that the matter may be remitted to the file of the assessing officer in order to provide one more opportunity to the assessee to upload form 10B engaging a professional. 3. The Ld.DR, on the other hand, relied upon the order of lower authorities. 4. We have heard the rival submissions and carefully perused the materials on record. It is an undisputed fact that the assessee has failed to furnish form 10B electronically due to no fault of the assessee. When the auditor of the assessee has surrendered his CP and left the profession, then obviously, it is beyond the control of the assessee to furnish form 10B before the revenue authorities electronically within the stipulated time. Therefore, in the interest of justice, we hereby remit the matter back to the file of the assessing officer thereby providing the assessee one more opportunity to file form 10B electronically by engaging another professional. 3. In the result, appeal of the assessee is allowed, for statistical purpose. Order pronounced in the open court on 15 th March, 2022. Sd/- sd/- (MS. KAVITHA RAJAGOPAL) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dt : 15 th March, 2022 Pavanan /True copy/ Assistant Registrar / Senior Private Secretary ITAT, Mumbai Benches