Carmalite Convent Ramapuram, Ramapuram V. CIT (Exemptions), Kochi

ITA 905/COCH/2022

AI Insights

The case involves the Carmelite Convent Ramapuram appealing against the order of the Commissioner of Income Tax (Appeals)(NFAC, Delhi), which confirmed the denial of exemption under sections 11 and 12 of the Income Tax Act, 1961, for the assessment year 2020-2021. The primary issue was the non-condonation of the delay in filing Form 10B, which is required for claiming exemptions under the said sections. The Tribunal noted that the delay had been condoned by an order dated 22.11.2022, and thus, the matter should be remanded back to the AO for re-assessment in light of this development.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115417 (ITAT-COCHIN)
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 06-09-2023
• Assessment Year: 2020-2021
• Appeal Filed On: 25-09-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 12; 11; 12AA; 10B; 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM &Shri Manomohan Das, JM ITA No.905/Coch/2022: Asst.Year:2020-2021 Carmelite Convent Ramapuram, Ramapuram Kottayam – 686 576 [PAN: AAATC2262N] vs. The Commissioner of Income- tax (Exemption) Kochi. (Appellant) (Respondent) Appellant by: Sri.P.J.Johney, CA Respondent by: Smt.J.M.Jamuna Devi, Sr.DR Date of Hearing: 07.09.2023 Date of Pronouncement: 07.09.2023 O R D E R Per Sanjay Arora, AM: This is an Appeal by the Assessee directed against the Order dated 08.08.2022 by the Commissioner of Income Tax (Appeals)(NFAC, Delhi), confirming the denial of exemption under sections 11 and 12 of the Income Tax Act, 1961 (‘the Act’ hereinafter), on the processing of the assessee’s return for assessment year (AY) 2020-2021 vide Intimation u/s. 143(1) dated 30.11.2021. 2.1 At the very outset, it was explained by Sri.P.J.Johny, the learned counsel for the assessee, that the only reason for the denial of exemption u/ss.11 and 12 of the Act by the Revenue is the non-condonation of the delay in filing Form 10B along with it’s return of income by the assessee, registered u/s.12A / 12AA of the Act as a charitable and religious institution. Taking us through the assessee’s written submissions dated 04.09.2023 (copy on record), he would take us through the order u/s.119(2)(b) dated 22.11.2022 condoning the delay in filing Form 10B for AY 2020-21. The delay in filing the said form having been since condoned, the matter, it was submitted, may be restored to the file of the Assessing Officer (AO) for giving effect thereto. ITA No.905/Coch/2022 (AY 2020-2021) C a r me l i t e C o nv e n t R a ma p ur a m. v . C I T ( E ) 2 2.2 Smt.Devi, the learned Sr.DR, did not fairly raise any objection thereto. 3. We have heard the parties, and perused the material on record. The delay in filing Form 10B has since been condoned. In fact, we observe that vide para 5.4.2 of the impugned order, the ld. CIT(A) specifically states that on the assessee’s condonation application being decided by the CIT(Exemptions), Cochin, the Assessing Officer (AO) shall give effect thereto. An appeal, under the circumstances, was perhaps not required. Be that as it may, we confirm the same. The matter shall travel back to the file of the AO to, inasmuch as the bar on considering the assessee’s income for the year for exemption u/s. 11 stands since removed, process the assessee’s return on merits, i.e., following the process of, and in accordance with, the law. We decide accordingly. 4. In the result, the assessee’s appeal is allowed. Order pronounced in the open court on the conclusion of the hearing. Sd/- (Manomohan Das) Sd/- (Sanjay Arora) Judicial Member Accountant Member Cochin; Dated: September 07, 2023 Devadas G* Copy to: 1. The Appellant. 2. The Respondent. 3. The Pr. CIT concerned. 4. The Sr. DR, ITAT, Cochin. 5. Guard File. Assistant Registrar ITAT/Cochin