SRI ADWAITYA ACHRYA TRUST,KOLKATA V. A.C.I.T./I.T.O., WARD - 1(3), EXEMPTION, KOLKATA

ITA 2552/KOL/2024

AI Insights

The case involves Sri Adwaitya Acharya Trust, an old trust, which appealed against the order of the Addl./JCIT(A), Mysore, for the Assessment Year 2021-2022. The trust had filed its return of income with its original registration number, which was processed under section 143(1) of the Income Tax Act, 1961. The intimation issued denied the benefits of sections 11 & 12 due to the absence of new registration details, despite the trust having time until November 25, 2022, to apply for new registration. The Tribunal held that the intimation was incorrect as it was not based on any arithmetical error and the trust was within the permissible time to comply with the new registration requirements.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708393 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2021-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SIMA DAS BISWAS
• Assessee Lawyers: MAYANK PARAKH
• Section: 11; 12

Judgement Text

" आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA श्री जाजज माथन, न्याययक सदस्य क े समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER आयकर अपील सं/ITA No.2552/KOL/2024 (नििाारण वर्ा / Assessment Year :2021-2022) Sri Adwaitya Acharya Trust, Kanai balai Bhavan, Sreemayapur, S.O. Mollapara, Nadia Vs ITO Ward-1(3), Exempt, Kolkata PAN No. : AAKTS 5342 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri Mayank Parakh, CA राजस्व की ओर से /Revenue by : Smt. Sima Das Biswas, JCIT-Sr.DR सुनवाई की तारीख / Date of Hearing : 16/07/2025 घोषणा की तारीख/Date of Pronouncement : 16/07/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order of the ld. Addl./JCIT(A), Mysore, dated 16.10.2024 for the Assessment Year 2021- 2022. 2. Shri Mayank Parakh, ld.AR appeared on behalf of the assessee and Smt. Sima Das Biswas, ld. Sr.DR appeared on behalf of the revenue. 3. It was the submission of the ld. AR that the assessee is an old trust. The assessee has filed its return of income mentioning its original registration number. The return came to be processed and the intimation came to be issued u/s.143(1) of the Act denying the registration u/s.11 & 12 of the Act on the ground that the assessee had not provided the new registration/approval details. It was the submission that the assessee has filed for new registration as required under the Act on 21.11.2022 and the ITA No.2552/KOL/2024 2 last date for filing of the application for new registration under the new provisions was 25.11.2022. It was the submission that provision of Section143(1) of the Act permits adjustment of arithmetical errors and the assessee should not be denied the benefit of Section 11 & 12 of the Act in an intimation u/s.143(1) of the Act on the ground that the assessee has not provided new registration details keeping especially when the last date of filing of the application was still available to the assessee. 4. In reply, ld. Sr. DR vehemently supported the orders of the ld.AO and ld. CIT(A). 5. I have considered the rival submissions. It is noticed that the assessee is an old trust and the intimation has been issued denying the benefit of section 11 & 12 of the Act on account of non-availability of the registration details. Under the new provisions, especially when the time limit for filing the application under the new provisions were available till 25.11.2022, the intimation cannot be sustained, insofar as it is not an arithmetical error which has been attempted to be corrected. This being so, the intimation is said to be bad in law and the same is hereby quashed. 6. In the result, appeal of the assessee is allowed. Order dictated and pronounced in the open court on 16/07/2025. Sd/- (जाजज माथन) (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 16/07/2025 Prakash Kumar Mishra, Sr.P.S. ITA No.2552/KOL/2024 3 आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशािुसार/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलाथी / The Appellant- 2. प्रत्यथी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ज फाईल / Guard file. सत्यापपत प्रयत //True Copy// "