The Federation Of Indian Publishers vs Income Tax Officer

This assessee’s appeal for Assessment Year 2024-25 arises against the Addl./JC IT(A), Agra’s DIN & order No. ITBA/APL/ S/250/2025-26/1079012042(1) dated 29.07.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).

Heard both the p arties at length. Case file perused.

Delay of 99 days in filing of the instant appeal is condoned in the larger interest of justice in lig ht of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).

Coming to the assessee/appellant sole substantive grievance raised herein, it transpires that it is aggrieved against the learned lower autho ritie s’ action holding it as no t eligible to claim section 11 exemption since having filed Form 10B than the correct one i.e. Form 10BB, in the CPC’s section 143(1) proceeding dated 29.01.2025 as upheld in the lower appellate discussion.

That being the case, learned counsel quotes Rule 17B of the Income Tax Rules that the assessee’s case is covered under clause (a)(III) thereunder since having applied a part of it’s income outside India during the relevant previous year than Form 10BB clause (b) thereupon which does not get attracted in the instant case.

Faced with this situation and in the larger interest of justice, I hereby direct the le arned assessing authority to verify the assessee’s application of income as to whether the same is covered under the foregoing rule, within three effective opportunities subject to a r ider that the appellant shall plead and prove the case at it’ s own risk and responsibility, in consequential pr oceedings. Ordered accord ingly.

This assessee’s appeal is allowed for statistical purpose.