Vivekananda Resham Khadi Gramodyog Sangha. v. ACIT, CPC (2023) 203 ITD 753 (Kol) (Trib.)

S. 10(23B) : Khadi or Village Industries-Period for which certificate is to be granted is not within control of assessee-Technical violation-Denial of exemption is not justified.

Assessee-society is  registered with Khadi and Village Industries Commission and claimed exemption under section 10(23B) Exemption denied exemption on ground that grant of approval at any one point of time could not be for more than three consecutive assessment years, however in case of assessee approval/renewal of approval was granted for 5 consecutive  hence case assessee was hit by violation of second proviso to section 10(23B). On appeal the Tribunal held that in similar to assessee, Tribunal held that time period for which certificate was to be granted was not within control of assessee, thus it was only a technical violation for which assessee could not be penalized by denying exemption. Directed to grant the exemption. (AY. 2021-22)