TaxTMI 
TaxTMI 
2025 (6) TMI 1835
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....e appeal filed by the revenue is delayed by 26 days for which the revenue has filed the necessary condonation petition. The reasons given are plausible and same are accepted. Accordingly, the delay is condoned and the appeal is admitted for hearing. 4. At the time of hearing, ld.AR has filed his written submission which read as under :- BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA "A" BENCH. KOLKATA. IN THE MATTER OF BP PODDAR FOUNDATION FOR EDUCATION 18. Poddar Court, Rabindra Sarani, Kolkata-700 001. PAN: AAATB5418M AND IN THE MATTER OF ITA NO. 637/KOL/2025 Α.Υ. 2022-23 Written Submission before the Hon'ble ITAT on behalf of the Assessee-Trust (the Respondent) Your Honours, ....
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....ew compliance requirements. Thus the Assessee-Trust inadvertently filed its ROI - claiming exemption under "Section 11" instead of "Section 10(23C)(via)" in Serial No. (A17) (ii) of Schedule Part A- General and - laid down the "Details of Registration/provisional Registration..." in Serial No. (419) as "124/12AA/12AB" as against the correct section being "10(230)(via)". The Date of Registration as being 30/09/2021 and also the Registration No. as AAATB5418MD20 was however correctly filled up by the Assessee-Trust. The ITR, the Form 10B and the Form 10AC so filed by the Assessee Trust are all enclosed as under vide a Paperbook filed before your Honours along with this Submission: - "Annexure A: IT....
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....023 for the A.Y.2022-23."-Pgs 53 -62 2.3. In appeal, the Ld. CIT(A) after considering the factual matrix and submissions of the Assessee Trust, rightly appreciating the inadvertent error on the part of the Assessee Trust, held at Page 8 of his Order that the Trust being registered u/s 12A of the Act and the provisional approval having been received in Form 10AC on 30/09/2021 for the A.Y.s 2022-23 to 2024-25, the Assessee Trust duly stood eligible for exemption for the said A.Y.2022-23 u/s 10(23c)(via) instead of the wrongly claimed section 11/12A. Thus allowing full exemption of income u/s 10(230)(via) of the Act, the addition so made by the CPC was deleted and full relief was granted to the Assessee-Trust. 2.4. T....
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....mitted by the Assessee Trust, allowed the Assessee Trust full exemption u/s 10(23C)(via) as against the section 12A as wrongly claimed by the Assessee. 3.3. Thus as duly allowed by the Ld. CIT(A), the claim of the exemption now u/s 10(23C)(via) of the Act led to the inadvertent error of the Assessee Trust in filing the Form 10B and not filing the required Form 10BB within the prescribed time limit. The delay however was beyond 365 days but within 3 years from the end of the A.Y.2022-23 being on 31.03.2026 and thus, as laid out above also, the Assessee Trust stood covered by the CBDT Circular No. 16/2024 dated 18/11/2024 which duly and amply provides that where the delay in filing Form 10BB is beyond 365 days but does not e....
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....rt of the Assessee-Trust whereby the tax exemption was claimed incorrectly u/s 12A instead of section 10(23C)(via) of the Act. The provisional Approval u's 10(23C)(via) vide the Form 10AC was duly granted by the department and has been a matter of record all through. Also the Id. CIT(A) has rightly held that the Trust was eligible for exemption under section 10(23C)(via) and has deleted the addition made by the CPC. Further also the Assessee Trust having already filed the Application for Condonation for filing the Form 10BB before the CIT (Exemptions), the inadvertent error on the part of the Trust in not filing the Form 10BB stands corrected. The Form 10BB, fully completed and signed is being filed here before your Ho....