- (1.) WE have heard Shri Shambhu Chopra, learned counsel for the income tax Department. The affidavit of service has been filed.
(2.) THIS appeal under section 260A of the Income -tax Act, 1961, arises out of the order dated June 14, 2013, passed by the Income -tax Appellate Tribunal in I.T.A. No. 4667/Del/2011 relating to the assessment year 2008 -09. The appeal has been preferred on the following substantial questions of law: 1. Whether, on the facts and in the circumstances of the case, the hon'ble Income -tax Appellate Tribunal has erred in law in directing the Assessing Officer to condone the delay and irregularity in filing Form 10 if the assessee has spent the amount in the next year ignoring the non -compliance with the statutory provisions of filing Form 10 within the prescribed limit and that the delay in filing of Form 10 can only be condoned by the Commissioner of Income -tax as per the Central Board of Direct Taxes Circular No. , dated June 3, 1980 (see, [1980] 126 ITR (St.) 27) ? 2. Whether, on the facts and in the circumstances of the case, the hon'ble Income -tax Appellate Tribunal has erred in law in directing the Assessing Officer to allow the exemption claimed by the assessee ignoring the judgment of the hon'ble Supreme Court in the case of CIT v. Nagpur Hotel Owners' Association : [2001] 247 ITR 201 (SC) which holds that Form 10 was to be filed before completion of the assessment ?
(3.) WE have gone through the orders of the Assessing Officer, Commissioner of Income -tax (Appeals) and the Income -tax Appellate Tribunal.;