Commissioner of Income Tax (Exemptions) Vs Camellia Educare Trust (Calcutta High Court)
Calcutta High Court dismissed an appeal by the revenue department against the Income Tax Appellate Tribunal (ITAT) ruling in favor of Camellia Educare Trust, which had filed its audit report late for the assessment year 2020-21. The revenue questioned whether the ITAT was correct in allowing the trust’s cross-objection despite the late submission of the audit report in Form 10B, beyond the due date prescribed under Section 139(4) of the Income Tax Act, 1961. The ITAT had relied on Circulars issued by the Central Board of Direct Taxes (CBDT), including Circular No. 8 of 2021, which permitted the filing of belated returns due to the COVID-19 pandemic. The High Court agreed with the ITAT’s application of these Circulars, noting that they provided the necessary relief for delayed submissions, and concluded that no substantial question of law arose from the case. Consequently, the High Court upheld the ITAT’s decision, dismissed the revenue’s appeal, and rejected the related stay application.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 30th May, 2023 passed by the Income Tax Appellant Tribunal, “B” Bench, Kolkata (Tribunal) in ITA No. 646/Kol/2022 and C.O. No.7/Kol/2023 for the assessment year 2020-21.
