2023 (1) TMI 41

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.... PER INTURI RAMA RAO, AM : This is an appeal filed by the assessee directed against the order of National Faceless Appeal Centre, Delhi ('NFAC') dated 21.03.2022 for the assessment year 2012-13. 2. Briefly, the facts of the case are that the appellant is a charitable trust incorporated under the provisions of Trust Act. It is claimed that it was registered u/s 12A of the Income Tax Act, 1....

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....eved by the order passed u/s 154, an appeal was filed before the NFAC who vide impugned order confirmed the action of the Assessing Officer. 4. Being aggrieved, the appellant is in appeal before us in the present appeal. 5. It is submitted before us that filing of the audit report in Form No.10B is only directory and failure to file of audit report in Form No.10B does not disentitle the asse....

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....only the return of income an accompanied document, when the appellant had filed the return of income in Form No.5, the natural inference to be drawn is that the assessee is a partnership firm. When the return was filed as if it is a firm, it follows that computation of tax liability should be made on the basis that it is a partnership firm. The CPC cannot go beyond the return of income. In the cir....