2025 (9) TMI 503

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....e ld. CIT(Appeals) has confirmed the assessment order dated 10.12.2019, wherein it has been held that the assessee is neither entitled to claim deduction u/s. 10(23)C(iiiad) nor u/s. 11 of the Act. 2. Brief facts, state that appellant/assessee-trust, is an educational institution registered u/s. 12AA by the ld. CIT, Gwalior, vide, registration No. 12AA/77/54/09-10/1153 dated 14.07.2010 and u/s. 10(23C)(vi) vide order dated 21.06.2013 passed by Ld. CCIT, Bhopal. The assessee claimed exemption u/s. 10(23C)(iiiad) of the Act in the return of income filed electronically on 06.11.2017. The case was selected for scrutiny through CASS. Statutory notices u/s. 143(2) and 142(1) of the Act were issued to the assessee, who responded to the notices ....

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....on 10(23)(C) of the Act, is illegal unjustified and bad in Law. 2. On the Facts of the case The learned CIT(A erred in not considering the audit report on Form 10B Submitted during the assessment proceedings in compliance with the provision of Income Tax Act 1961 is illegal Unjustified and bad in Law. 3. On the facts of the case Learned CIT(A) erred in not accepting the face that the audited accounts and audit report was available in prescribed time how ever could not be submitted along with the return is a bone fide Mistake and can be cured that has not been considered is illegal unjustified and bad in Law." 5. None responded on behalf of the assessee. Perused the records and heard the ld. Departmental Representative. ....

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....ior, and u/s. 10(23C) of the Act vide order dated 21.06.2013, passed by CCIT, Bhopal. Such clerical mistake should have in such a situation been rectified by revenue authorities instead of rejecting the assessee's request for rectification of the same. After the correction of such mistake, the question of applicability of Rule 2BC as regards the annual receipts exceeding one crore, would also not arise. 9. This apart, it is further mentioned by the assessee in the "fact of case" that the required Form No. 10B could not be submitted in electronic mode despite best efforts but in physical form by assessee's Chartered Accountant and the same was accepted by the Assessing Officer. This fact is substantiated by the assessment order dated 10.1....