2020 (10) TMI 625

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....e application of the petitioner, dated 26.03.2019 for exemption under Section 10 (23C) (vi) of the Income Tax Act,1961 for the assessment year 2019- 2020. 2. Heard the learned counsel for the petitioner Sri N.Vijay and the learned Standing Counsel for the respondents Smt.M.Kiranmayee. 3. It is the case of the petitioner that the petitioner is an Educational Society running an educational college for Intermediate, Degree and Post Graduation courses for women at Rajahmandry in East Godavari District. The petitioner filed an application, dated 26.03.2019 seeking grant of exemption for the Assessment year 2019-2020, as the gross receipts of the petitioner exceeds Rs. 1 Crore in the financial year 2018-2019 under Section 10(23C) (vi) of th....

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....the Income Tax returns for the financial year 2017-2018 was filed and the assessment for the year 2018-2019 has already been completed. The petitioner also requested the 2nd respondent, vide letter, dated 13.02.2020 to consider the application of the petitioner, dated 26.03.2019 for exemption for the assessment year 2019-2020 covering the financial year 2018-2019. 6. It is the further case of the petitioner that the 2nd respondent once again addressed a letter, dated 28.02.2020, directing the petitioner to appear before him on 09.03.2020 at 11.00 a.m., accordingly, the petitioner appeared before the 2nd respondent and submitted the required information. Subsequently, the 2nd respondent, vide proceedings in File No. CIT(E)/Hyd/10(23C)/46/....

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....hin the time and the 2nd respondent erroneously rejected the same as barred by time. 8. In reply to the same, Smt. M.Kirnamayee, learned Standing Counsel for the respondents contended that the impugned proceedings of the 2nd respondent, dated 26.03.2020 is a speaking order and it is just and proper. The petitioner has sought for approval under Section 10(23C)(vi) of the Income Tax Act,1961 for the assessment year 2018-2019 and the acknowledgement receipt for the said application was duly issued to the petitioner indicating that the application has been filed for exemption for the assessment year 2018-2019 and Form 56D specifically mentions that it was made for the assessment year 2018-2019. The petitioner also filed a letter, dated 13.02....

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....n the financial year 2018-2019 entitling for consideration of exemption in the assessment year 2019-2020 only. The 2nd respondent erroneously read for the year 2018-2019 as assessment year instead of financial year which was printed in Form 56D enclosed by the petitioner in the heading column of Form 56D. In all fairness, the 2nd respondent ought to have treated the application of the petitioner, dated 26.03.2019 for the assessment year of 2019-2020 only. 11. It is a well settled law that mere wrong quotation of law or non-mentioning of the relevant provision of law or a typographical mistake does not disentitle a person/individual/ an institution from any relief, if otherwise he or she/individual/institution is entitled to. 12. The 2....