Jagadguru Shivanand Human Welfre Association Gadag Vs ITO (Exemption) (ITAT Bangalore)
The appeal by the Jagadguru Shivanand Human Welfare Association (the assessee) was heard by the Income Tax Appellate Tribunal (ITAT) in Bangalore. The case concerned the denial of Section 11 exemption on the grounds that the assessee failed to file Form 10B within the prescribed time for the Assessment Year (AY) 2022-23. Despite filing the return of income on November 6, 2022, the assessee’s gross receipts of Rs. 50,67,850 were disallowed as exempt due to the delay in submitting Form 10B. The assessee appealed this decision, arguing that the delay was unintentional and had since been rectified by submitting a petition for condonation before the CIT (Exemption).
The ITAT reviewed the appeal and noted that the CIT(A) had upheld the disallowance of the exemption, stating that they lacked the power to condone the delay in filing Form 10B. However, during the hearing, it was brought to the Tribunal’s attention that the assessee had already filed a petition before the CIT (Exemption) requesting to condone the delay. The ITAT decided to remand the case back to the CIT(A), instructing them to consider the appeal based on the outcome of the petition for condoning the delay before the CIT(E). The ITAT ordered that the appeal be considered in accordance with the law after taking the petition into account. As a result, the matter remains open for further adjudication, and the appeal was allowed for statistical purposes.
