Case Law Details
Gooru India Foundation for Learning Innovation Vs DCIT (ITAT Pune)
ITAT Pune held that claim for exemption of income under section 11 of the Income Tax Act deniable as Form No. 10B was not submitted along with the return of income nor it was submitted before processing of return of income.
Facts- The appellant company is a non-profit organisation. The appellant was registered u/s 12A of the Income Tax Act, 1961. Return of Income for A.Y. 2017-18 was filed on 29.11.2017 declaring Rs.Nil income. The return of income was taken up for processing u/s 143(1) on 19.11.2018, wherein, the appellant was show caused that in the absence of Form No.10B, the benefit of exemption u/s 11 cannot be allowed. Subsequently, on 13.03.2019, an Intimation u/s 143(1) was issued, wherein, the benefit of exemption u/s 11 was disallowed for want of Form No.10B. Subsequently, on 02.04.2019, the appellant had filed Form No.10B electronically. Thereafter, vide application dated 14.10.2019, the appellant filed a petition seeking the rectification of the intimation u/s 143(1) and the same was rejected by the CPC vide order dated 25.11.2019.
Being aggrieved by the order u/s 154, an appeal was filed before the NFAC who vide impugned order after referring to CBDT Circular No.10/2019 dated 22.05.2019 held that CPC had no power of condoning the delay in filing the Form No.10B and, accordingly, dismissed the appeal.
Being aggrieved, the appellant is in appeal before us in the present appeal.
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