Ganpat Vidhyanagar Uma Parivar Trust Vs ITO (ITAT Ahmedabad)
In the case of Ganpat Vidhyanagar Uma Parivar Trust vs. ITO, the Income Tax Appellate Tribunal (ITAT) Ahmedabad addressed the issue of delayed filing of Form 10B and 9A by the appellant, a public charitable trust engaged in educational activities. The trust’s income tax return for the assessment year 2017-18 was scrutinized, resulting in disallowance of an income accumulation claim and permissible exemptions, which led to a tax demand. The trust appealed, citing the Principal Commissioner of Income Tax (Exemption) [CIT(E)] had condoned the delay in filing these forms as per a relevant circular. However, these condonation orders were not presented during the initial appeal, leading to dismissal by the CIT(A). Upon further appeal, the ITAT accepted the trust’s submission of the condonation orders and remanded the case back to the Jurisdictional Assessing Officer (JAO) for a fresh assessment, directing the JAO to consider these orders and re-evaluate the case, ensuring due process and cooperation from the trust.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
This appeal is filed by the Assessee as against the appellate order dated 27.10.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the assessment order passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2017-18.
