2023 (8) TMI 286

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....unds of appeal: 1. The order under the Section 154 is not in accordance with law and facts and circumstances of the case. The respected CIT(A) has summarily dismissed our appeal based on the circular of CBDT No.16/2022 dated 19/07/2022. The intimation under section 143(1)(a) was made on 11/05/2020, revision petition was moved on 12/06/2020, order under section 154 was passed on 14/08/2020, appeal against the order was filed on 28/08/2020, all the above has happened prior to the date of the circular. The CIT(A) is not justified in invoking the circular while disposing the appeal. 2. The assessing officer did not give any notice of the defect and no opportunity was given to the assessee before making the order under section 143(1)(a) to c....

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....pplication under section 11 of the Act amounting to Rs. 35,74,097/- and erred in assessing the Gross receipt as an assessable income. The learned CIT(A) did not even consider this grounds of appeal while dismissing our appeal petition under section 246 of the Act. 7. The Assessment failed to take note of the fact that the defect of not filing the Audit Report has been cured before moving the petition under section 154. The rectification order ought to have been made under the provisions of Section 11 of the Act, considering the Form 10B filed as the same is on his record while disposing off the petition. 8. Income under the Income Tax Act is always net of expenses. To totally disallow all expenses incurred to generate the income is agai....

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....ed an appeal before the Ld.CIT(A). The Ld.CIT(A) rejected the claim of the assessee on the ground that there was no apparent mistake in the order of the AO passed u/s. 143(1a) of the Act, and thus, the Rectification Petition filed by the assessee u/s. 154 of the Act, is not maintainable. Aggrieved by the order of the Ld.CIT(A), the assessee is in appeal before us. 4. We have heard both the parties, perused the materials available on record and gone through orders of the authorities below. We find that the assessee's Trust is registered u/s. 12AA of the Act, has claimed accumulation of income for specified purpose. However, not filed relevant Form No.10B along with return of income for the impugned assessment year. The AO completed assessme....