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2022 (12) TMI 867

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....of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/10/2016 by the ld. Income Tax officer - 25(3)(4) Mumbai. (hereinafter referred to as ld. AO). 2. At the outset, there is a delay of 2 days in filing of appeal by the assessee. The assessee has filed petition for condonation of delay for the same and we are convinced with the reasons for the delay. Accordingly, the delay is condoned and the appeal of the assessee is admitted for adjudication. 2.1. The assessee has raised the following grounds of appeal:- 1) The learned Assessing Officer failed to appreciate that:- a) The appellant is an educational institution and an autonomous college (deemed university) conducting its institution at Juhu Campus of S.N.D.T. Women&#....

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....ng a return of income. In fact and in law the Appellant does not have an existence to be regarded as a person. The person to be recognized and authorized to file this Appeal in the instant case is the S.N.D.T. Women's University. Hence the Appeal is signed by the authorized person / principal officer of the S.N.D.T. Women's University. Though the Appeal is in the name of SVT College of Home Science the matter pertains to the claim of exemption eligible to the S.N.D.T. Women's University which should be made available to the Appellant i.e. SVT College of Home Science and hence signed by the authorized person/principal officer of the S.N.D.T. Women's University. 5) The appellant craves leave to add, alter, amend or modify a....

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....independently registered u/s.12A of the act. We find that assessee in its paper book had filed an affidavit from Dr.Jagmeet Madan, Principal of assessee's college in pages 10 to 11 of the paper book. Further an affidavit of Dr.Shubhas Waghmare, Registrar of SNDT Women's University is also filed in pages 12 & 13 of the paper book. In both these affidavits, it is categorically stated that the assessee college is part of the SNDT Women's University; that the PAN obtained by the assessee in its independent capacity is erroneous ; that the financial affairs of the assessee college are merged with the parent organization i.e. SNDT Women's University from FY 2014-15 relevant to AY 2015-16; that the assessee college had not filed any income tax ret....