2022 (10) TMI 970

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....emy for imparting education in mercantile marine field and filed return of income on 10.10.2016 declaring total income of Rs. NIL. The case was selected for scrutiny under CASS and notice u/s. 143(2) and 142(1) of Income-tax Act, 1961 (in short "Act") were issued and served on the assessee. In response, none appeared nor any reply was furnished before Assessing Officer. 3. During the assessment proceedings as no reply was received, Assessing Officer in order to protect the interest of the revenue proceeded to pass the Assessment Order and assessed the income of the assessee at Rs. 3,03,88,470/-. Aggrieved, assessee filed appeal before Ld. CIT(A). On appeal, the Ld. CIT(A) considering the evidences and various submissions of the assessee,....

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....had initially submitted certain details vide email dated 11.07.2017. Subsequently, the details were submitted online on 19.12.2018 which was three days before the conclusion of assessment. The assessee further submitted that in spite of furnishing details through online portal, the AO has held that no details were filed and has disallowed the entire exemption claimed u/s. 11. The assessee has submitted that there is no violation of section 13 in his case which is the only reason for which the exemption u/s. 11 could be denied. The assessee has furnished balance sheet, income & expenditure statement, audit report in Form 10B as well as the schedules thereto and the computation of income. The assessee has also furnished the entire trail mail ....

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....19.12.2018 called for by the Assessing Officer in relation to Assessment Proceedings, the Learned Assessing Officer passed an Assessment Order dated 22.12.2018 which has been digitally signed by him on 24.12.2018 with disallowance of complete exemptions claimed by the Trust u/s. 11. 12 and 13 of the Income Tax Act. The Appellant request your kind attention in the matter of the addition made u/s. 11 on basis of denial of exemption. The Appellant would like to submit that Denial of Exemption u/s. 11 can only be done on account of conditions as specified u/s. 13. The Appellant has not violated any of the conditions. They have filed Returns of income, filed Form 10B attended scrutiny assessment (there was genuine reasons for d....

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....ated 06.07.2017. Subsequently, the AO issued a notice dated 02.12.2018 requesting compliance by 05.12.2018. It is seen that the time barring date for this assessment was 31.12.2018 and the AO has granted only three days' time for the assessee to upload the details called for. The assessee has complied with this on 19.12.2018. However, for some strange reasons, the AO has not only overlooked this submission but has mentioned that no details were filed which is clearly not the case. The AO is clearly in error in not considering the details filed by the assessee which were 12 days prior to date of limitation. In the circumstances, the disallowance of Rs. 3,24,18,913 is deleted and the AO is directed to grant exemption u/s. 11 as claimed. G....