TaxTMI 
TaxTMI 
2024 (9) TMI 531
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....on ground, are identical. The ld.counsel for the assessee pointed out that the issue related to adjustment made to the income of the assessee in the intimation made under section 143(1) of the Act for both the years i.e. Asst.Year 2013-14 and 2015-16, denying the exemption claimed by the assessee of its income applied for charitable purposes in terms of section 11 of the Act. 3. The ld.counsel for the assessee drew our attention to the facts of the case pointing out that in Asst.Year 2013-14, the assessee had returned income from other sources of Rs. 5,57,465/- and had showed application of the same to the charitable purposes to the tune of Rs. 10,59,092/-. Thus, treating the entire income as exempt. However, the claim of benefit of applic....
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....r attention to PB page no.2 file for Asst.Year 2013-14, explaining the reasons for the delay as under: "Appeal is late by 8 years 6 months and 11 days as the appeal is filed on 26-05-2023 but intimation of the order was issued on 15/11/2014. The reasons for delay are as under. 3.1 On receipt of intimation, rectification was made on 29/12/2014 by mentioning 12AA registration number. 3.2 As per e-filing website of income tax, rectification rights are transferred with AST since 3 Feb, 2015. 3.3 No response of rectification is received till date and so as per advice of legal counsellor, appellant has preferred to file appeal against intimation u/s 143(1) with a request to condone delay. 3.4 The delay is due to not processing of rectif....
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.... that till date the rectification application had not been dealt with/disposed of by the AO despite the income tax portal reflecting the rectification rights being transferred to AST since 3-2-2015. He contended that the delay therefore was attributable to the reason that the rectification application of the assessee was not processed, and there was no other remedy except to file appeal against the intimation made under section 143(1) of the Act. The ld.counsel for the assessee contended that the assessee does not benefit in any way by not filing appeal, and the action taken by the assessee immediately on passing of the intimation under section 143(1) of the Act by filing rectification applications shows that there was not laxity on the par....
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....e case , in case the appeal is held maintainable by the Ld.CIT(A). Ld.CIT(A) is directed to pass a speaking order. 9. During the course of hearing before us, the ld.counsel for the assessee pointed out that in the intimation made under section 143(1) for Asst.Year 2015-16, initially the assessee had received a defect notice under section 139(9) of the Act relating to the return of income filed by the assessee, pointing out that the assessee has failed to mention its registration number under section 12AA of the Act. The ld.counsel for the assessee contended that the registration number was intimated to the Department in response to the notice under section 139(9) of the Act dated 16.11.016; that despite the assessee having cured the defect....