La Martiniere Providend Fund. , Kolkata V. ITO, Exemption, Ward-1(4), Kolkata. , Kolkata

ITA 856/KOL/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8807 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: A
• Next Hearing Date: 31-01-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 17-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

आयकर अपीलȣय अͬधकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Įी संजय गग[, ÛयाǓयक सदèय एवं Įी ͬगरȣश अĒवाल, लेखा सदèय के सम¢ Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.856/Kol/2023 Assessment Year : 2018-19 La Martiniere Provident Fund...............................................Appellant 11, Dr. U.N. Brahmachari Street, Kolkata – 700017. [PAN: AAATL2603A] vs. ITO, Exemption Ward-1(4), Kolkata............................................... Respondent Appearances by: Shri A. K. Tibrewal, FCA, appeared on behalf of the appellant. Shri B. K. Singh, JCIT-Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing : February 01, 2024 Date of pronouncing the order : February 08, 2024 आदेश / ORDER संजय गग[, ÛयाǓयक सदèय ɮवारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 05.07.2023 of the National Faceless Appeal Centre [hereinafter referred to as the ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. The assessee in this appeal has agitated against the action of the lower authorities in denying the exemption claimed by the assessee u/s 10(25) of the Act. 3. The contention of the ld. counsel for the assessee has been that the assessee is a provident fund duly recognised by the Commissioner of Income Tax. However, the lower authorities have rejected the claim of the assessee for exemption u/s 10(25) of the Act on the ground that the assessee has not furnished recognition certificate issued by the I.T.A. No.856/Kol/2023 Assessment Year : 2018-19 La Martiniere Provident Fund 2 Commissioner of Income Tax. The ld. counsel has submitted that earlier the said certificate was not traceable, however, now the assessee has traced the said certificate, the copy of which has been placed at page 1 of paper book. The contents of which are reproduced as under: I.T.A. No.856/Kol/2023 Assessment Year : 2018-19 La Martiniere Provident Fund 3 4. In view of the above, the matter is accordingly restored to the file of the CIT(A) to examine the said certificate and allow the claim of the assessee, if so admissible, accordingly. 5. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 8 th February, 2024. Sd/- Sd/- [ͬगरȣश अĒवाल /Girish Agrawal] [संजय गग[ /Sanjay Garg] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 08.02.2024. RS Copy of the order forwarded to: 1. La Martiniere Provident Fund 2. ITO, Exemption Ward-1(4), Kolkata 3.CIT (A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches