K L D A V COLLEGE,ROORKEE V. ITO WARD 1(3)(4), ROORKEE

ITA 3300/CHNY/2024

AI Insights

The case involves KLDAV College, which appealed against the order of the Addl. CIT(A) denying them exemption under section 11 of the Income-tax Act, 1961 for the Assessment Year 2021-22. The denial was based on the non-filing of the audit report in Form-10B within the prescribed due date. The college had filed a condonation of delay petition which was pending before the CIT(E) at the time of the hearing. The Tribunal found that the Addl. CIT(A) was not justified in dismissing the appeal solely on the grounds of the late filing of the audit report, especially when the condonation petition was still pending.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107156 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2021-2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Keywords: Condonation of delay; Set aside; Revenue expenditure
• Section: 11; 10B

Judgement Text

"आयकर अपीलीय अिधकरण, ‘बी’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI \u0019ी एबी टी. वक\u001e, \u0011ा ियक सद! एवं \u0019ी जगदीश, लेखा सद! क े सम( BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.3300/Chny/2024 िनधा8रण वष8 /Assessment Year: 2021-22 KLDAV College, Railway Road, Roorkee – 247 667. Uttarakhand. [PAN: AAAAK 5649L] Vs. The Income Tax Officer, Ward-1(3)(4), Roorkee / The DDIT, CPC, Bengaluru. (अपीलाथ\u0007/Appellant) (\b\tयथ\u0007/Respondent) अपीलाथ\u001e की ओर से/ Appellant by : None FGथ\u001e की ओर से /Respondent by : Ms. Gouthami Manivasagam, JCIT सुनवाई की तारीख/Date of Hearing : 12.03.2025 घोषणा की तारीख /Date of Pronouncement : 19.03.2025 आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the assessee for Assessment Year (AY) 2021-22 arises out of the order of Learned Commissioner of Income Tax, Appeal, Addl/JCIT(A)-2, Chennai [hereinafter “Addl CIT(A)”] dated 30.10.2024. ITA No.3300/Chny/2024 :- 2 -: 2. When the appeal was taken up for hearing, none appeared on behalf of the assessee. Accordingly, the hearing was proceeded with the able assistance of Ld. D.R, Ms. Gouthami Manivasagam, JCIT. 3. The effective ground in this appeal of assessee is against the confirming the denial of exemption claimed u/s. 11 of the Income-tax Act, 1961 (hereinafter “the Act”) by CPC, Bengaluru on the ground that Form-10B was not filed within the due date prescribed. The assessee has also raised the ground that Ld. Addl. CIT has confirmed treating the gross receipt as income without allowing revenue expenditure. 4. We have gone through the grounds of appeal and perused the materials available on record. On perusal of orders of Ld. Addl. CIT(A), we find that the Ld. Addl. CIT(A) has dismissed the appeal for claim of exemptions u/s.11 of the Act for the reason that the assessee has not filed audit report in Form-10B within the prescribed due date. The Ld. AR has submitted assessee has filed condonation of delay in filing the audit report before CIT(E) which is pending. We find that the Ld Addl. CIT(A) was not justified to dismiss the appeal on the ground that audit report in Form 10B has not been filled within due date, but the condonation petition to condone the delay in filling audit report is pending with CIT(E). We, therefore, set aside the orders Ld. Addl. ITA No.3300/Chny/2024 :- 3 -: CIT(A) and remit the matter back to the file of Ld. Addl. CIT(A) for denovo adjudication after receipt of decision of Ld. CIT(E) on condonation of delay. In view of the above, the appeal filed by the assessee is allowed for statistical purposes only. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 19th March, 2025. Sd/- Sd/- (एबी टी. वक\u001e) (ABY. T. Varkey) \u0011ाियक सद! / Judicial Member (जगदीश) (Jagadish) लेखा सद! /Accountant Member चे\u0010नई/Chennai, \u0013दनांक/Dated: 19th March, 2025. EDN/- आदेश क\u0016 \bितिल\u0019प अ\u001aे\u0019षत/Copy to: 1. अपीलाथ\b/Appellant 2. \t थ\b/Respondent 3. आयकर आयु\u0010/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय \tितिनिध/DR 5. गाड\u0019 फाईल/GF "