2020 (11) TMI 962

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....unil Deshpande ORDER Saktijit Dey, The aforesaid appeal has been filed by the assessee challenging the order dated 30th April 2019, passed by the learned Commissioner of Income Tax (Appeals)-1, Mumbai, for the assessment year 2016-17. 2. Brief facts are, the assessee is a charitable trust and has been granted registration as such by the Charity Commissioner as well as under section 12A....

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....missed by the AO/CPC. 3. The learned Authorised Representative drawing our attention to the paper book submitted, though, the assessee had filed its return of income on 12th September 2016, however, the audit report was electronically filed on 21st September 2016 i.e., before the due date of filing of return of income under section 139(1) of the Act. He submitted, the approval of the audit repo....

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....ndonation of delay. Therefore, he submitted, the disallowance of exemption under section 11 of the Act should be deleted. 2. The learned Departmental Representative relied upon the observations of learned Commissioner (Appeals). 3. We have considered rival submissions and perused the material on record. Undisputed facts are, though, the assessee had filed the return of income for the assessm....

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....report for the year under consideration has been obtained before filing of the return of income and has been furnished subsequent to filing of return of income, but before the date specified under section 139 of the Act, such delayed filing should be condoned. In the facts of the present case, the claim of the assessee that it has obtained the audit report prior to the date of filing of return of ....