2020 (3) TMI 1353

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.... Rachna Gurnani ORDER PER SAKTIJIT DEY. J.M. The captioned appeal has been filed by the assessee challenging the order dated 18th December 2018, passed by the learned Commissioner of Income Tax (Appeals)-1, Mumbai, pertaining to the assessment year 2015-16. 2. The dispute in the present appeal is confined to denial of assessee's claim of exemption under section 11(2) of the Income Tax ....

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....ification of mistake on the ground that as per existing provisions applicable to assessment year 2015-16, there was no requirement of filing Form no.10 electronically. It was submitted by the assessee, since Form no.10, was furnished manually before the Assessing Officer on the due date of return of income i.e., 28th September 2015, the claim of exemption under section 11(2) of the Act has to be a....

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....al. 5. Reiterating the stand taken before learned Commissioner (Appeals), the learned Authorised Representative submitted, mandatory filing of Form no.10 electronically become operative from 1st April 2016. She submitted, prior to the amendment made to rule 17, by CBDT Notification dated 14th January 2016, there was no requirement of filing Form no.10, electronically. She submitted, since the a....

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....16, was filed by the assessee. On a perusal of rule-17, as it existed prior to its amendment/substitution by Income Tax (1st Amendment) Rule, 2016, w.e.f. 1st April 2016, the provision only required filing of Form no.10, before the expiry of the time allowed under sub-section (1) of section 139 of the Act for furnishing return of income. Only w.e.f. 1st April 2016, amended rule 17 provided for fil....