AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2024 (12) TMI 1728
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....x Act, 1961 ["the Act"] for Assessment-Year ["AY"] 2017-18, the assessee has filed this appeal on following grounds: "1. On the facts and in the circumstances of the case and in law the Ld. Commissioner of Income-tax (Appeals), NFAC, ('the Ld. CIT(A), NFAC') has erred in not providing proper opportunity of being heard and had erred in ex-parte order dated 29.12.2023, which is wrong and contrary to the facts of the case and provisions of the Act and is against the principle of natural justice. Thus, the order passed by the Ld. CIT(A), NFAC is liable to be quashed. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A), NFAC, and the Ld. AO have erred in not allowing exemption u/s 11 of the Act witho....
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....27.02.2024 but in the month of February and March, 2024, the final examinations of students were conducted in schools run by assessee by CBSE, MP Board and at local level. Therefore, due to workload of examinations, staff of school was busy and it is only when new session of school started in the first week of April, 2024 that the assessee could file appeal on 10.04.2024. Therefore, the delay of 43 days occurred. Ld. AR very humbly submitted that there is no deliberate lethargy, negligence, mala fide intention or ulterior motive of assessee in making delay and the assessee does not stand to derive any benefit because of delay. He went ahead on submitting that the assessee is a charitable institution and the AO has assessed total income as h....
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....Collector, Land Acquisition Vs Mst. Katiji and others 1987 AIR 1353, 1987 2 SCC 387 that whenever substantial justice and technical considerations are opposed to each other, the cause of substantial justice must be preferred by adopting a justice-oriented approach. Therefore, taking into account the guidance given by Hon'ble Supreme Court, we take a liberal view and condone delay subject to payment of cost by assessee as mentioned in last para of this order. 5. The background facts leading to present appeal are such that the assessee is a society engaged in charitable purpose of advancing education. The AO, based on an information from AIMS Module of ITBA regarding cash deposited by assessee in bank a/c during demonetization period, issu....
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....r expiry of time allowed in notice u/s 142(1) but still before passing of assessment-order dated 28.12.2019, filed Return of Income, Audit Report and Audited Financial Statements for AY 2017-18 under consideration to the AO. Further, the department has granted registration u/s 12A to assessee vide order dated 29.07.2019 from AY 2019-20, but as on 29.07.2019, the assessment of AY 2017-18 with which we are concerned was pending before AO. Therefore, the assessee is entitled to the benefit of proviso to section 12A(2) reading as under: "12A(2) Where an application has been made on or after the 1st day of June, 2007, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution from the assessm....
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....ttention has been drawn during hearing. After a careful consideration, we find that the assessee has not submitted the return of income uptill 28.12.2017 as required by AO in the notice dated 28.11.2017 u/s 142(1). Thus, the assessee is negligent in filing return within the time fixed by AO. However, so far computation of total income is concerned, the assessee is entitled to exemption u/s 11/12 in terms of proviso to section 12A(2) noted above. What needs to be verified by AO is only the fact that the object and activities of assessee remained same for AY 2018-19 as were there at the time when registration u/s 12A was granted. That apart, the claim of exemption u/s 11/12 involves a different type of working based on application and accumul....