IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.488/Nag./2024 (Assessment Year : 2017–18)

Shri Panchmurti Education Society N–62, Nagomali Layout ……………. Appellant Reshambaug, Nagpur 440 009 PAN – AAFTS2717R v/s Income Tax Officer ……………. Respondent Ward–4(5), Nagpur Assessee by : Ms. Adiba H. Chimthanawala Revenue by : Shri Sandipkumar Salunke Date of Hearing – 26/12/2024 Date of Order – 21/01/2025

O R D E R

PER K.M. ROY, A.M.

Aforesaid appeal by the assessee is against the impugned order dated

15/07/2024, passed by the learned Commissioner of Income Tax (Appeals)–2, Vadodara, [“learned CIT(A)”], for the assessment year 2017–18. 2. In its appeal, the assessee has raised following grounds:–

“1. In the facts and circumstances of the case and in law the Learned Jt. Commissioner of Income Tax (Appeals) erred in dismissing the appeal on the grounds that the assessee society had filed the Income Tax Return for the Assessment Year 2017-18 belatedly, whereas as per law for the relevant Assessment Year the condition regarding filing of return within the due date was not applicable to avail exemption U/s. 11 & 12 of the Act

2. That in facts and circumstances of the case the condition regarding filing of return within the due date levied by the Commissioner of Income Tax (exemption) was without jurisdiction, consequently the reliance of Jt. Commissioner of Income Tax (Appeals) on the said condition is also bad in law.

3. That the Assessee society had complied with all the conditions 'aid down for availing exemption U/s. 11 & 12 of the Income Tax Act, 1961(Act). Hence in In the facts and circumstances of the case it is prayed to allow the exemption to the Assessee U/s 11 & 12 of the Act.

4. That the income of the trust is also exempted U/s. 10(23C) (iiiab) of the Act also as it is purely an educational institution receiving grant from the government.

5. That the Learned Jt. Commissioner of Income Tax (Appeals) failed to consider that the delay in submission of the Audit Report in form 10B was beyond the control of the society as the approval granted by the exemption authority was much after the due date of filing of Audit report in Form 10B for the Assessment Year 2017-18 as prescribed by the Act. Hence, it is prayed to condone the delay in filing of Audit report in Form 10B of the Act for the said Assessment Year in the facts and circumstances of the case

6. The Assessee craves leave to add/alter any of the Grounds of Appeal before or at the time of hearing.”

3. The learned Authorised Representative (the learned A.R.”), at the very onset, submitted that she wants to argue solely on grounds no.1, 2 3, and 5. Hence, after considering her concession, the rest of the grounds no.4 and 6, are being treated as not pressed hence dismissed.

4. The relevant facts of the case are that the assessee education society is a public charitable trust registered with the Charity Commissioner, Nagpur vide Registration No. F-742(N) dated 11/05/1965. The said Registration is placed on record. The assessee is also registered under the Societies Registration Act vide registration dated 11/05/1965 and a copy of which is placed on record. The assessee approached the Charity Commissioner of Nagpur for framing of Scheme under section 50A of the Maharashtra Public Trust Act, as in the old bye-laws there was no provision regarding the mode of succession of trustees, tenure of trustees, etc. The Assistant Charity Commissioner, Nagpur, by an order dated 30/09/2014 approved the said Scheme, a copy of which is placed on record. The said Scheme contains the object of the trust which are all educational in nature. The assessee was running the following educational institution under its aegis which is affiliated to SSC Board of Education:-

i) Mount Everest Primary School ii) Pandit Nehru High School The said schools receive grant from Government of Maharashtra and is fully aided school. The