IMC society of ITI, Govt. Central Crafts Institute for Women, Sector 11-C, Chandigarh. vs. ITO (Exemptions), Ward, Chandigarh.

Parties Involved

Facts Summary

The assessee filed its return of income for the assessment year under consideration. The Assessing Officer observed that the assessee had failed to submit Form No. 10 within the time limit prescribed under the provisions of the Income-tax Act, 1961. Consequently, the Assessing Officer denied the claim of accumulation under section 11(2) and made a disallowance to the extent of Rs.45,74,669/- by invoking the provisions of section 13(9) of the Act. The assessee preferred an appeal before the Additional / Joint Commissioner of Income Tax (Appeals)-2, Coimbatore, which was dismissed. The assessee then appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the appellate authority has the statutory power to condone the delay in filing Form No. 10 under the Income-tax Act, 1961?
• 2. Whether the assessee is entitled to condonation of delay in filing Form No. 10 under section 119(2)(b) of the Act?

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• Income Tax Appellate Tribunal Case No. 1278/CHANDI/2025

  Chandigarh bench

• DCIT(Exemption) vs. G D Charitable Society

  Kolkata Bench benchAY 2017-18Allowed

• Jain Citizen Education Society Vs. ITO

  Ahmedabad bench

• Shri Nobuhiro Watabe vs. The Deputy Commissioner of Income Tax

• Friends Associates Charitable Trust vs. Income Tax Officer

  Delhi bench

• Indian Institute of Foreign Trade Vs Deputy Commissioner of Income Tax

  Delhi Bench benchAY 2023-24Allowed