TMI Blog2024 (3) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... nted from sufficient cause in not filing the appeal in time before us and accordingly, we are inclined to condone the delay and admit the appeal of the assessee for adjudication. Eligibility for exemption u/s 10(23C)(iiiad) - claim not made in return of income - assessee had not furnished the audit report in Form 10B along with return of income, the deduction towards application of income for charitable purposes was denied by the CPC both u/s 143(1) as well as in the rectification order passed u/s 154 - - assessee is a Society engaged in the Charitable Activity of Imparting Education through a 10+2 Hindi Medium School Affiliated to Uttarakhand Board - HELD THAT:- It is not in dispute that the assessee is a society duly registered u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber, And Shri Yogesh Kumar Us, Judicial Member For the Assessee : Shri S. K. Matta, CA For the Revenue : Ms. Poonam Sharma, Sr. DR ORDER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.1/DDN/2023 for AY 2018-19, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ld. CIT(A) , in short] in Appeal No. ITBA/NFAC/S/250/2021-22/1041372232(1) dated 23.03.2022 against the order of assessment passed u/s 154 of the Income-tax Act, 1961 (hereinafter referred to as the Act ) dated 12.02.2020 by the Assessing Officer, ITO, Ward-2(1), Rudrapur (hereinafter referred to as ld. AO ). 2. At the outset, there is delay in filing of appeal of 238 days by the assessee before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re less than Rs. 1.00 crore covered u/s 10(23C) (iiiad) and income is exempt from tax u/s 12A too. 4. The order passed is Arbitrary, against the provisions of law and facts of the case. 5. Any other ground arising at the time of or before hearing of appeal. 4. We have heard the rival submissions and perused the material available on record. The assessee is a Society engaged in the Charitable Activity of Imparting Education through a 10+2 Hindi Medium School Affiliated to Uttarakhand Board run under the aegis of Rashtriya Swayam Sewak Sangh (RSS) existing since 1952. The assessee had electronically filed its return of income u/s 139(4A) of the Act on 20.06.2018 declaring total income at Rs. NIL. The return was processed by CPC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18-19. It is not in dispute that the assessee is a society duly registered u/s 12AA of the Act thereby eligible for exemption u/s 11 of the Act. But at the same time there is no dispute that gross receipts of the assessee was less than Rs. 1 crore during the year under consideration and hence, the assessee would be entitled for exemption of its income in terms of section 10(23C)(iiiad) of the Act. This limit of Rs. 1 crore was later enhanced to Rs. 5 crores. Hence, either way, irrespective of the fact that the audit report has been filed belatedly, the assessee s income would be eligible for exemption u/s 10(23C)(iiiad) in the instant case. Accordingly, the lower authorities had grossly erred in denying the claim u/s 10(23C)(iiiad) on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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