2001 (11) TMI 231 - AT - Income Tax

Summary

Issues involved: Levy of penalty under s. 272A(2)(e) for late filing of income tax return by a charitable and educational society exempt under s. 10(22) of the IT Act.

Summary:

Issue 1: Penalty under s. 272A(2)(e) for late filing of income tax return
The penalty proceedings were initiated against the assessee under s. 272A(2)(e) for not filing the return within the specified period. The AO imposed penalties for two assessment years. The assessee, a charitable and educational society running a recognized school with income exempt under s. 10(22), contended that it was not required to file returns under s. 139(4A). The CIT(A) ruled in favor of the assessee, holding that the trust was indeed exempt under s. 10(22) and therefore not obligated to file returns. The penalties imposed by the AO were consequently deleted by the CIT(A).

Issue 2: Appeal before the Tribunal
The Revenue appealed the CIT(A)'s decision before the Tribunal. After considering the arguments from both sides, the Tribunal found no error in the CIT(A)'s order. The Departmental Representative failed to provide any material to challenge the finding that the trust was exempt under s. 10(22). Citing a precedent where penalty was deleted due to similar exemption, the Tribunal upheld the CIT(A)'s decision. Consequently, the appeals of the Revenue were dismissed, affirming the deletion of penalties against the assessee.

This judgment highlights the importance of understanding the specific exemptions provided under the IT Act and the implications they have on penalty provisions for late filing of returns by eligible entities.