Shri Trambakeshwar Mandir, Valsad V. The Deputy/Additional Commissioner of Income Tax, Vapi, Vapi

ITA 907/SRT/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1970 (ITAT-SURAT)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-05-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 28-12-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Condonation of delay
• Section: 12; 12AA; 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER ITA No. 907/Srt/2023 (Assessment Year –2020-21) (Physical hearing) Shri Trambakeshwar Mandir, Block C-4, 101, 1 st Floor, 25, Sarigam, Umbergam, Valsad-396155 (Gujarat) PAN No. AABTS 3885 L Vs. The Deputy/Additional Commissioner of Income Tax, 206, Income-tax Office, Near Vaishali Char Rasta, NH-8, GIDC, Vapi. Appellant/ Assessee Respondent/ Revenue Assessee represented by Shri Yogesh B Shah, A.R. Department represented by Shri S.M. Keshkamat, CIT-DR. Appeal instituted on 29/12/2023 Date of hearing 30/05/2024 Date of pronouncement 30/05/2024 Order under Section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)/Addl/JCIT(A)-12, Mumbai [in short, the ld. CIT(A)] dated 14/11/2023 for the Assessment Year (AY) 2020-21. 2. Rival submissions of the parties have been heard and record perused. At the outset of hearing, the learned authorised representative (ld. AR) of the assessee submits that a very short issue is involved in the present appeal. The assessee is a trust and having registration under section 12AA and eligible for benefit of section 12 & 12 of Income-tax Act, at the time of filing return of income the assessee could not upload Form 10B, before filing return of income. The assessee has uploaded Form 10B and also obtained order on condonation of delay from learned Commissioner of Income Tax (Exemption), Ahmedabad (in short, the ld. CIT(E)) dated 14/02/2024, copy of which is placed on record. The ld. AR of the ITA No. 907/Srt/2023 Shri Trambakeshwar Mandir Vs DCIT 2 assessee submits that the Central Processing Centre, Bangalore (CPC) while processing the return of income, disallowed the application of income and treated the assessee taxable under Section 115TD of the Income Tax Act, 1961 (in short, the Act). The ld. AR of the assessee submits that once the delay in filing Form 10B is condoned by the ld. CIT(E), the assessee is eligible for full relief about the application of its income. 3. On the other hand, the learned Commissioner of Income Tax-Departmental Representative (ld. CIT-DR) for the revenue after hearing the submission of assessee and going through the order of ld. CIT(E) under Section 119(2b) of the Act, fairly agreed that appropriate direction may be given to the Assessing Officer to examine the claim of assessee and pass order in accordance with law. 4. We have considered the submissions of both the parties and have gone through the orders of the authorities below. We find that the CPC made adjustment/disallowance of application of income of assessee for want of non- filing of Form 10B before filing return of income. The order of CPC was confirmed by the ld. CIT(A). Now we find that the delay in filing Form 10B has already been condoned by the ld. CIT(E), therefore, we direct the Assessing Officer to allow full relief to the assessee after verification of claim of assessee. 5. In the result, this appeal of assessee is allowed. Order announced in open court on 30 th May, 2024. Sd/- Sd/- (BIJAYANANDA PRUSETH) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 30/05/2024 *Ranjan ITA No. 907/Srt/2023 Shri Trambakeshwar Mandir Vs DCIT 3 Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Surat