IN THE INCOME TAX APPELLATE TRIBUNAL
“SMC” BENCH, AHMEDABAD
]
]
BEFORE DR. BRR KUMAR ACCOUNTANT MEMBER
ITA No.1398/Ahd/2024
Asstt.Year : 2019-20
Shiksha Foundation
C/o. Divyang Shah & Co.
Chartered Accountants
201, Devashish complex
Nr.Regenta Central Antarim Hotel
Off CG Road
Ahmedabad 380 009.
PAN : AALTS 6277 Q
Vs
ITO, Ward-2
(Exemption),
Ahmedabad.
(Applicant)
(Responent)
Assessee by :
Shri Divyang Shah & Co.
Revenue by :
Shri Ravindra, Sr.DR
सुनवाई क तारीख/D a t e o f He a r in g : 0 7 /1 0 / 2 0 2 4
घोषणा क तारीख /D a t e o f P r o no u nc e me n t : 0 7 / 1 0 / 2 0 2 4
आदेश
आदेशआदेश
आदेश/O R D E R
This is assessee’s appeal against the order of the
ld.Commissioner of Income Tax (Appeal), National Faceless Appeal
Centre (NFAC), Delhi dated 24.06.2024 for the Asst.Year 2019-20
passed under section 250 of the Income Tax Act, 1961 (“the Act” for
short).
2. The grounds raised by the assessee in the appeal are as under:
1. Whether on facts and in circumstances of the case and in law, Ld. CIT(A)
has erred in not allowing exemption of Rs.28,68,546/- u/s.11 of the act?
2. Whether, on facts and in circumstances of the case and in law, Ld. CIT(A)
has erred in confirming adjustment of Rs.28,68,546/- u/s.143(1) of the act?
3. Whether, on facts and in circumstances of the case and in law, Ld. AO
erred in raising demand of Rs.874,780/- while processing return u/s.143(1)
of the act?
ITA No.1398/Ahd/2024
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3. The pertinent fact relating to the grounds are as under:
4. The Centralized Processing Center (CPC) disallowed the
exemption claimed by the assessee under section 11 of the Act owingk
to late filing of audit report in Form No.10B. The assessee filed audit
report on 20.1.2020 even before the issuance of initiation by CPC on
23.3.201. The similar issue has come up for adjudication in the case
of the assessee for Asst.Year 2018-19 in ITA No.441/Ahd/2020. The
relevant portion of the said order is as under:
“7. We have heard the rival contentions and perused the material on
record. In this case, on going through the facts of the case, what transpires
from the records is that the audit report for assessment year 2018-19 was
duly signed by the auditor on 21-09-2018, though the same was omitted to
be filed on the income tax portal. The due date of filing of income tax return
for assessment year 2018-19 was 26-09-2018. Notice under
section 143 (1) (a)
was issued on 19-12-2019. The audit report of the assessee trust was filed
on the income tax portal by the auditors of the assessee trust on 20-01-2020.
Intimation under section 143 (1) denying the claim of the application of income
was issued by CPC, Bengaluru on 08-02-2020. Therefore, what can be seen
is that as on the date on which the intimation/order under
section 143(1) of
the Act was passed by CPC, Bengaluru, the auditor of the assessee trust had
already filed the audit report in form 10B, before such order/intimation
under section 143 (1) of the Act was issued. From the facts placed on record
ITA No.1398/Ahd/2024
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before us, we see no deliberate/mala fide intention on the part of the
assessee or it's auditor to file the audit report in form 10 B belatedly.”
5. In the absence of any change in factual contents, and the legal
proposition, the appeal of the assessee is hereby allowed.
6. In the result, the appeal of the assessee is allowed.
Dictated on the Open Court, typed and pronounced on 7
th
October, 2024.
Copy of this order be given to the assessee. The Registry is
directed to dispatch as per procedure.
Sd/-
(DR. BRR KUMAR)
ACCOUNTANT MEMBER
Ahmedabad, dated 07/10/2024