TaxTMI 
TaxTMI 
2025 (12) TMI 58
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....e has raised following grounds of appeal: "1. That the order of learned Commissioner of Income Tax (Appeals) is bad in law as well as on the facts and in the circumstances of the case. 2. That the learned Commissioner of Income Tax (Appeals), has erred in rejecting the claim made by the appellant that the action of CPC in recomputing the returned income without giving any intimation/deficiency under section 139(9) of the Income Tax Act, 1961 is illegal, unjust and against the facts of the case 3. That the learned Commissioner of Income Tax (Appeals) has erred in upholding the action of the CPC of not allowing the benefit of section 11 r.w.s 12A of the Act. 4. That the learned Commissioner of Income Tax (A....
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....ts of Rs. 40,06,33,279/- as income. Aggrieved, the assessee filed appeal before the Ld. Addl. CIT(A), who dismissed the appeal by holding that the denial of claim of exemption under section 11 of the Act in processing of the ITR under section 143(1) of the Act was justified as there was a delay in filing/uploading the audit report in form 10B. The relevant finding of the Ld. CIT(A) is reproduced hereunder: "5.1 The CPC has issued a communication to the appellant on 06-Oct- 2022 stating that The Trust or Institution registered u/s 12A/12AA/12AB has not E-fled the Audit Report in Form 108 one month prior to the due date for furnishing return u/s 139(1). Hence the exemption claimed in Sr.no. 2 (exemption claimed u/s 11(1)(d))....
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....mysterious. The appellant has not made any submissions that it has knowledge about the CBDT circulars u/s 119(2)(b) and whether any condonation petition is filed or not. The appellant has alternate remedy and will be eligible for exemption if the two reasons stated by CPC late filing of form 10B and ITR is relaxed by PCIT Exemptions. Hence decision on the other legal issued raised by the appellant are not considered and decided as the appellant is eligible for exemption if all other conditions are fulfilled. 6. In the result, the appeal is dismissed" 4. At the outset, the Ld. Authorized Representative ('AR'), drawing our attention to the CBDT Circular No. 10/2019 dated 22.05.2019, submitted that the filing of the audit report in....
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....on under section 11 of the Act: (i) Rai Bahadur Bissesswarlal Motilal Malwasie Trust 195 ITR 825, (Cal) (ii) Calcutta Management Association 42 ITD 62 (iii) Sankulp Welfare Society 303 ITR 64 (iv) National Horticulture Board 176 taxman.167 (v) Sahja Nand Charity Trust 228 ITR 292 4.1 Alternatively, the Ld. AR submitted that after rejection the claim of exemption under section 11 of the Act, at most the income as per the Income & Expenditure account of the assessee would have been taxed instead of the gross receipts of Rs. 40,06,33,279/-. 5. On the other hand, the Ld. CIT-DR, placing reliance on orders of the Authorities below, prayed for dismissal of the appeal on the reasoning that filing ....