2018 (11) TMI 1682 - AT - Income Tax

Disallowance made for non-filing of Form No. 10B in electronic form - benefit of exemption u/ s 11/12 - assessee had furnished Form No. 10B manually before the Assessing officer during the assessment proceedings and further that the assessee could not upload the form 10B on Departmental website within the due time - HELD THAT - CIT(A) after relying upon the various case laws including the decision of the Hon ble Supreme Court in the case of case of CIT Vs. Nagpur Hotel Owners Association 2000 (12) TMI 99 - SUPREME COURT and in CIT Vs. M/s Shimla Chandigarh Diocese Society 2009 (8) TMI 103 - PUNJAB AND HARYANA HIGH COURT has deleted the disallowance observing that assesses may be given relief as he was able to furnish the form 10 and 10B before completion of assessment proceedings by the Assessing officer and on merits no discrepancy has been found by the Assessing officer to deny him the benefit of exemption u/ s 11/12 of the Act. The Assessing officer is directed to allow assessee s claim of exemption u/ s 11/12 of the Act and give benefit of accumulation as per section 11(2) of the Act and allow assessee s claim of capital investment made - Decided against revenue

Summary

Issues:
1. Disallowance for non-filing of Form No. 10B in electronic form.

Analysis:
The appeal was filed by the Revenue against the order of the Commissioner of Income Tax (Appeals), Rohtak, regarding the deletion of disallowance made by the Assessing Officer for not filing Form No. 10B in electronic form. The CIT(A) explained that the assessee had submitted Form 10 manually during the assessment proceedings but failed to upload it on the Departmental website within the stipulated time. The CIT(A) referred to legal precedents, including the Supreme Court decision in 'CIT Vs. Nagpur Hotel Owners Association' and 'CIT Vs. M/s Shimla Chandigarh Diocese Society,' to support the decision to delete the disallowance. It was concluded that since the assessee had provided Form 10 before the Assessing Officer during the assessment proceedings, the benefit of exemption under sections 11/12 of the Act should be granted. The Assessing Officer was directed to allow the assessee's claim of exemption and accumulation benefits as per the Act.

Upon reviewing the arguments presented by both parties, the Tribunal found no grounds to overturn the CIT(A)'s decision. The Tribunal dismissed the Revenue's appeal, stating that there was no merit in the appeal. Consequently, the appeal filed by the Revenue was dismissed, and the order was pronounced openly on 13.11.2018.