2025 (5) TMI 2134

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....s been passed against the intimation order u/s 143(1) of the Act, dated 13.12.2024. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: "1. For that, on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in confirming the action of the A.O (CPC) in denying the exemption claimed by the assessee u/s 11 of the Act on the alleged ground that the Audit Report in Form 10BB was not filed within due date. 2. The applicant craves leave to add further grounds of appeal or alter the grounds at the time of hearing." 3. Brief facts of the case are that the assessee is an AOP, a public charitable Trust registered u/s 12A of the Act and engaged in the public charit....

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....4/2024 was available and therefore, the required claim ought to have been allowed. It was submitted that the delay was only a procedural lapse and ought to have been condoned. The Ld. CIT(A) denied the exemption as according to him either the Form No. 10B/10BB should have been filed within the due date or an order for condonation of delay in filing the form from the CIT(Exemptions) should have been obtained and the AO cannot allow the exemption under section 11 on facts and in the circumstances of the case unless the court directs under alternative remedy or the CIT(Exemptions) condones the delay under section 119(2)(b) of the Act. The assessee had submitted before the Ld. CIT(A) by citing several judicial pronouncements that the delay in f....

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....hat Circular No. 16 of 2022 dated 19-07-2022 cannot be applied to the case on hand. The Commissioner of Income Tax (Exemptions) while rejecting the application for condonation of delay by order dated 17-08-2020 has referred to the Circular No. 2 of 2020 dated 3.1.2020 which admittedly gives power to condone the delay in filing Form 10B up to a period of 365 days. The CIT (Appeals), NFAC also took note of a decision of the High Court of Gujarat in Commissioner of Income Tax Vs Gujarat Oil And Allied Industries reported in 1993 ITR (201) 325 wherein it was held that the filing of the auditor's report along with return of income has to be treated as procedural provision and therefore, directory in nature. Thus we find that there is no erro....