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2023 (11) TMI 979 - AT - Income TaxCondonation of delay in filing of appeal - delay of 3080 days - HELD THAT:- The assessee explained that all the records of the college were in custody of the office of the Superintendent and during the period, health of the Chairperson/Secretary of the college had considerably be fallen and he had to undergo cardiac treatment in Super Speciality Hospital at Jammu. The assessee prayed for condonation of delay. AR further argued that the grounds of appeal of the assessee were covered in its favour in assessee’s own case by the order of ITAT-Amritsar Bench. The ld. DR had not made any strong objection against the assessee’s submission. Accordingly, the delay for 3080 days is condoned. Exemption u/s 11 - eligibility for the deduction u/s 10(23C) (iiiad) on turnover exceeding 1 Crore - advance to the trustee is violation of section 13(1)(c)(ii) and section 13(d) (i) r.w.s. 13(2) and 13(3), so, the exemption available u/s 11 is denied - HELD THAT:- Form evidence it reveals that the turnover of assessee during impugned assessment year is with in the limit specified u/s 10(23C)(iiiad). So, the assessee eligible for deduction u/s 11/12 of the Act. Advance to the trustee which is violation of section 13(1)(c)(ii) and section 13(d)(i) r.w.s. 13(2) and 13(3) - The issue is squarely covered by the assessee’s own case [2022 (6) TMI 1444 - ITAT AMRITSAR] by the order of ITAT-Amritsar Bench. The assessment order is quashed, and the addition is deleted. The exemption claimed by the assessee is restored.
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