2024 (8) TMI 753

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....of delay 5 days: The registry pointed out that the appeal filed by the assessee is belated by five days. The assessee has filed an application for condonation of delay , on the ground that the assessee was under the impression that the instant appeal falls under the jurisdiction of ITAT, Chandigarh Bench and as such the assessee office staff visited the office of the Chandigarh Tribunal , on 23rd April, 2024 , for filing of the appeal , but was informed that the jurisdiction lay at ITAT Amritsar Bench , and as such the same has been filed vide registered speed post, and it was received by the registry at ITAT , Amritsar on the 29th April, 2024, belated by five days, as such the Ld. AR prays for condoning the delay and admission of the appe....

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....e for adjudication on merit after providing an opportunity of being heard. 5. The appellant craves leave to amend any ground (s) or add any new ground (s) before the appeal is finally disposed off." 4. The facts of the case are that the assessee is a registered society registered under the Society Registration Act 1860, and is a charitable educational institution for girls, which is under the control of Gurudwara cum religious Dera, namely Sant Baba Bhag Singh Memorial Education Society, which is funded by charitable donations and Akhand Path receipts. 4.1 Application for approval claiming exemption u/s 10(23C) (vi) on 25/09/2014, was rejected by CIT (E), against which appeal filed before ITAT, Amritsar Bench, Amritsar in ITA No 624(ASR....

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....naccurate particulars of income to the extent of Rs. 36,79,123/- and imposed a penalty of 100% of the tax sought to be evaded which was determined at Rs. 11,36,849/-. 6. The Ld. CIT (A) NFAC, rejected the appeal of the assessee and sustained the penalty by observing that the assessee has made wrong claim of exemption u/s 10(23C) (vi) in absence of any valid registration under the Act 61 and there is no reason to interfere with the order of the AO and the appeal is dismissed. 7. Before the Tribunal, the assessee has preferred five grounds in memorandum of appeal, but we proceed to take up ground number - 3, which is a legal ground and goes to the root of the matter: "3. The Ld. CIT(A) NFAC, Delhi failed to appreciate the submissions of t....

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....t in CIT vs SSA Emerald Meadows ITA No 380 of 2015 (ITA 433/BAN/2014) order dated 23/11/2015, and in the case of CIT vs. Manjunatha Cotton and Ginning Factory (2013) 359 ITR 565. 10.2 On this issue we also take note of the Hon'ble Bombay High Court judgment in the case of CIT Vs Samson Perinchery ITA No. 1154, order dated 5th January, 2017, where the Hon'ble Court has observed as follows: "The impugned order relied upon the following extract of Karnataka High Court's decision in CIT v/s Manjunath Cotton and Ginning Factory 359 ITR 565 to delete the penalty: "The Assessing Officer is empowered under the Act to initiate penalty proceedings once he is satisfied in the course of any proceedings that there is concealment of income or fu....