, , आयकर अपीलीय अिधकरण इंदौर (cid:586)ायपीठ इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI B.M. BIYANI, ACCOUNTANT MEMBER AND SHRI PARESH M. JOSHI, JUDICIAL MEMBER ITA No.640/Ind/2024 Assessment Year:2018-19 Shree Shantanu ITO, NFAC, Vidhyapeeth Society, Delhi

36, Kumhar Khedi, /

बनाम Main Road, Vs.

Khushwah Nagar, Indore (Assessee/Appellant) (Revenue/Respondent)

PAN: AAMTS7126H Assessee by Shri S.N. Agrawal, AR Revenue by Shri Anoop Singh, CIT-DR Date of Hearing 16.09.2025 Date of Pronouncement 24.09.2025 आदेश / O R D E R Per B.M. Biyani, A.M.:

Feeling aggrieved by order of first appeal dated 21.06.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 19.03.2021 passed by learned National e-Assessment Centre, Delhi [“AO”] u/s 143(3) r.w.s. 143(3A) & 143(3B) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2018-

19, the assessee has filed this appeal on following grounds:

“1. That on the facts and in the circumstances of the case and in law, the Ld CIT(A) erred confirming the action of the Ld Assessing Officer in denying the benefit ofexemption under section 11 and 12 ofthe income-tax Act, 1961 and assessing the total income of the appellant at Rs. 2,52,05,314/- without properly appreciating the facts of the case and submissions filed before him/her even when registration order under section 12AA of the Income-tax Act, 1961 in the case of the appellant was duly granted to the appellant on 03-02-2021 i.e. during the course ofpendency of assessmentproceedings for Assessment Year 2018-19 and the object & activities of the appellant remained same as compared to the year of registration and therefore, the appellant was eligible for benefit of section 11 and 12 as per section 12A of the Income-taxAct, 1961 forAssessmentYear2018-19 also.

2. That on the facts and in the circumstances of the case and in law, the Ld CIT(A) erred confirming the action of the Ld Assessing Officer in denying the benefit ofexemption under section 11 and 12 ofthe income-tax Act, 1961 and assessing the total income of the appellant at Rs. 2,52,05,314/- by stating that the appellant has not claimed exemption under section 11 and 12 of the Act by way of filing of revised income-tax return even when the appellant had duly lodged additional claim to allow exemption under section 11 and 12 of the Act as eligible to the appellant during the course of assessmentproceedings itself.

3. That on the facts and in the circumstances of the case and in law, the Ld CIT(A) erred confirming the action of the Ld Assessing Officer in denying the benefit ofexemption under section 11 and 12 ofthe income-tax Act, 1961 and assessing the total income of the appellant at Rs. 2,52,05,314/- by stating that the appellant has not filed audit report in Form No. 10B within time even when the appellant has duly filed Form No. 10B during the course ofassessmentproceedings itself.

4. The appellant reserves the right to add, alter and modify the grounds of appealas taken by it.”

2. The brief facts of the case are as under:

(i) The assessee is a society registered in the State of Madhya Pradesh, engaged in charitable purpose of advancing education through a school named “Oxford Academy School” and a college named “Oxford International College”. For AY 2018-19 under consideration, the assessee filed its return of income on 30.03.2019 u/s 139(4C) of the Act declaring income of Rs. 3,95,65,648/-; claiming exemption of Rs.

3,95,65,648/- u/s 10(23C)(iiiad) and thus offering taxable/total income of Rs. Nil. The case of assessee was selected for scrutiny assessment. During scrutiny-proceedings, the AO issued questionnaire dated 15.12.2020 and 04.02.2021 u/s 142(1) calling various details/explanations. In response, the assessee filed letter dated 08.02.2021 (Paper-Book Pages 43-45). In the letter so filed, the assessee intimated to AO that it has wrongly claimed exemption u/s 10(23C)(iiiad). Ho