2023 (3) TMI 1461

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....ational Faceless Appeal Centre, Delhi ['NFAC'] dated 12.12.2022 for the assessment year 2019-20. 2. Briefly, the facts of the case are that the appellant is a Trust registered under Bombay Public Trust Act, 1951 o 06.06.1974. The appellant was also duly registered under the provisions of section 12A of the Income Tax Act, 1961 ('the Act'). The Return of Income for the assessment year 2019-20 was ....

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....e appellant-assessee despite due service of notice of hearing. 6. On the other hand, ld. Sr. DR submits that in order to avail the exemption u/s 11, it is a mandatory condition that the return of income should be filed in the manner prescribed under sub-section (4A) of section 139 of the Act. Since in the present case, the return of income was admittedly filed beyond the due date prescribed u/s 1....

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....ing the return of income. The provisions of section 12A(ba) provides that the exemption u/s 11 can be availed only if the return of income was filed in the manner prescribed under the provisions of section 139(4A) of the Act which in turn requires that an assessee claiming exemption of income u/s 11 to file the return of income within the due date prescribed u/s 139(1) of the Act. In the absence o....