M P BIRLA FOUNDATION MEDICAL SOCIETY,KOLKATA V. I.T.O., (EXEMPTION), WARD - 1(4), KOLKATA, KOLKATA

ITA 1681/KOL/2024

AI Insights

The case involves the M. P. Birla Foundation Medical Society appealing against the order of the Commissioner of Income Tax (Appeals), which denied them the benefit of exemption under section 10(23C)(via) of the Income Tax Act, 1961, for the assessment year 2018-19. The denial was based on the non-filing of Form 10B with the return, which was not applicable for the said assessment year as the relevant form was 10BB. The Tribunal found that the exemption should not be denied on the grounds of filing an incorrect form that was not required for the year in question.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 298758 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Condonation of delay; Benefit of exemption
• Section: 250; 143(1); 10B; 10(23C)

Judgement Text

"आयकर अपीलीय अिधकरण कोलकाता 'A' पीठ, कोलकाता मŐ IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA ŵी संजय गगŊ, Ɋाियक सद˟ एवं ŵी संजय अव̾थी, लेखा सद˟ क े समƗ Before SRI SANJAY GARG, JUDICIAL MEMBER & SRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No.: 1681/KOL/2024 Assessment Year: 2018-19 M. P. Birla Foundation Medical Society ………. Appellant 9/1, R. N. Mukherjee Road, Birla Building 4th Floor, Kolkata-700001. (PAN: AAATM8122F) Vs. ITO, (Exemption), Ward-1(4), Kolkata ......... Respondent Appearances: Appellant represented by : Shri Akkal Dudhwewala, AR Respondent represented by : Shri S. B. Chakraborty, JCIT, Sr. DR Date of concluding the hearing : 06.02.2025 Date of pronouncing the order : 21.02.2025 ORDER I.T.A. No.: 1681/KOL/2024 Assessment Year: 2018-19 MP Birla foundation Medical Society Page 2 of 3 Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order of the Ld. Commissioner of income Tax (Appeals), Addl/JCIT(A)-6, Mumbai [hereinafter referred to as Ld. “CIT(A)'] dated 18.03.2024 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for Assessment Year 2018-19. 2. The assessee in this appeal is aggrieved by the action of the lower authorities in denying benefit of exemption claimed by the assessee u/s. 10(23C)(via) of the Act. 3. The assessee’s appeal is time barred by 30 days. A separate application for condonation of delay has been placed in file. Considering the averments made in the application, the delay in filing the present appeal is hereby condoned. 4. At the outset, the Ld. Counsel for the assessee has submitted that the exemption claimed by the assessee u/s. 10(23C) of the Act has been denied in an intimation passed u/s. 143(1) of the Act on the ground of non filing of Form 10B along with return. The Ld. Counsel for the assessee in this respect has submitted that the assessment year under consideration is AY 2018-19. The assessee, as per the rules for the relevant assessment year, was required to file Form 10BB which was duly filed by the assessee. That Form 10B was notified during the year 2023 onwards. The Ld. Counsel for the assessee, therefore, has submitted that the denial of exemption for filing of wrong form was factually incorrect and not justified. 5. the Ld. DR could not rebut the aforesaid contention of the Ld. AR. 6. Considering the above submission of the Ld. Counsel for the assessee, the matter is restored to the file of the Assessing Officer with a direction to allow the exemption to the assessee u/s. 10(23C) if the same is otherwise admissible. The same would not be denied only for the ground of non-filing I.T.A. No.: 1681/KOL/2024 Assessment Year: 2018-19 MP Birla foundation Medical Society Page 3 of 3 of Form 10B. With the above observation, the appeal of the assessee is treated as allowed for statistical purposes. 7. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open Court on 21st February, 2025. Sd/- Sd/- [Sanjay Awasthi] ` [Sanjay Garg] Accountant Member Judicial Member Dated: 21.02.2025 Jd., Sr.P.S) Copy of the order forwarded to: 1. Appellant – M. P. Birla Foundation Medical Society 2. Respondent – ITO(Exemption), Ward-1(4), Kolkata. 3. CIT(A), Addl/JCIT(A)-6, Mumbai 4. Pr. CIT 5. DR, Kolkata Benches, Kolkata. 6. Guard file. //True copy // By order Assistant Registrar ITAT, Kolkata Benches "