TaxTMI 
TaxTMI 
2024 (12) TMI 1581
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....see has raised the following grounds of appeal: 1. The order of the Hon'ble National Faceless Appeal Centre (NFAC) Delhi is opposed to law and facts of the case. 2. The Hon'ble NFAC failed to appreciate that the revised return of income which was accompanied with Form No.10B replaced the original return of income and as such consequence the appellant had complied with the provisions of the Act. 3. The Hon'ble NFAC ought to have held that the filing of Form 10BB instead of Form No.10B was a procedural irregularity which was rectified by filing a revised return of income. 4. The Hon'ble NFAC have regard to the facts of the case ought to have held that there was no delay in filing Audit report in Form No.10B....
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.... trust thereafter filed rectification application as per the provisions contained in section 154 of the Act but the said application was also rejected by the AO on the ground that the audit report was not filed by the assessee on or before the due date. Further, the AO has also observed that as verified from the records, assessee has not filed Form 10BB at all. In the opinion of AO as the assessee has not fulfilled one of the conditions for allowability of deduction, the assessee is not eligible for deduction u/s 11 & 12 of the Act and accordingly, held that the CPC has rightly disallowed the claim of the assessee and there is no mistake apparent from the record, which can be rectified u/s 154 of the Act. 3.1 Aggrieved by the order of re....
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.... 10B before the Commissioner of Income Tax (Exemption) dated 27.3.2023 10. Copy of the ITAT order in the case of Secondary School Education Society Vs. The Income Tax Officer (Exemptions) reported in ITA No.897/Bang/2024 dated 24.6.2024. 11. Copy of the judgement reported in (2024) 162 taxmann.com 114 (Bombay) between AI Jamia Mohammediyah Education Society Vs. Commissioner of Income Tax (Exemptions). 12. Copy of the judgement reported in 2024 SCC Online Ori 2110 (High Court of Orissa at Cuttack) between Joharimal High School Vs. ITO and another. 4. Before us, ld. A.R. of the assessee vehemently submitted that the assessee trust in fact filed return of income as well as audit report well within the extended due....
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....d, took voluntary steps to file revised return on 16.3.2020 u/s 139(5) of the Act accompanied with audit report u/s 12A(b) of the Act in form 10B. On perusal of the order of the rectification passed u/s 154 of the Act, we find that AO has observed that on verification, it is found that the assessee has not filed audit report in form 10BB at all. On going through the paper book placed before us, we find that the assessee has attached the copy of form 10BB dated 11.9.2019 uploaded on 31.10.2019 vide e-filing acknowledgement no.247395271311019 (pages 5 to 7 of PB). Therefore, we are of the considered opinion that it is not a case of non-filing of audit report on or before the due date for which condonation of delay in filing the audit report i....