2025 (8) TMI 1335

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....u/s 250 of the Income Tax Act, 1961 ["the Act"] against the intimation u/s 143(1) by CPC dated 25.11.2019 and 26.05.2020 for Assessment Years 2014-15 & 2019- 20 respectively. 2. At the time of hearing, none appeared on behalf of the assessee in ITA No.580/Del/2024 [Assessment Year 2014-15]. Ld.AR for the assessee appeared in ITA No.1667/Del/2023 [Assessment Year 2019-20] and was heard. We find that the issues involved for Assessment Years 2014-15 and 2019-20 are common, interlinked and identical. Hence, both the appeals are adjudicated by this common order. ITA No.580/Del/2024 [Assessment Year 2014-15] 3. Brief facts of the case are that the assessee is an educational society and filed its return of income, claiming exemption u/s 12A of ....

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....me filed though assessee claimed that it was eligible and claimed exemption u/s 12A in the return of income filed. In view of these facts, we set aside this issue to the file of AO with the direction to verify whether the assessee is having valid registration u/s 12A of the Act. If the assessee is eligible for exemption u/s 12A of the Act and if all the conditions prescribed therein i.e. filing of Audit Report etc. were fulfilled, in our considered opinion, it is entitled for exemption u/s 12A of the Act. Thus, AO is directed to verify all these facts and allow the exemption u/s 12A if all the conditions are satisfied coupled with the fact that assessee must have valid registration u/s 12A of the Act. With these directions, the appeal of th....

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....d on provision of Law, as the School has registered u/s 12 A of the Income tax Act, and the Income tax return has been filed u/s 139 (4A) of Income Tax Act, claiming deduction u/s 11 and also filed Audit Report in Form 10B electronically; and the School has not claimed relief u/s 10 (23C), so no need to file the Audit Report in Form 10BB to claim exemption u/s 11 of the Income Tax Act. 3. Because the appellant seeks your Honours Permission to file additional grounds of appeal before the hearing of the Appeal." 11. Heard the contentions of both the parties and perused the material available on record. From the perusal of order of Ld. CIT(A), it is seen that Ld. CIT(A) as well as CPC observed that assessee society is not entitled for exemp....