2025 (2) TMI 1424

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....al of exemption under section 11 for the reason that Form 10/10B was not filed within the prescribed time. AY 2018-19 2. The assessee is registered under Maharashtra Council Practitioner Act, 1960 and is a State Government statutory body which regulates the Homeopathy profession. It is a body corporate to regulate the qualifications and the registration of Homeopathic Practitioners in the State of Maharashtra with a view to encourage the study and spread of this system. The assessee is also registered under section 12A of the Income Tax Act, 1961 (the Act). For the AY 2018-19 the assessee could not file the return of income due to administrative problems and the belated return was filed on 28.03.2019. The Form-10B which was required t....

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....2020 dated 19.02.2020 notified with regard to condonation of delay in filing the return of income and Form 10 for AY 2018-19 stated that the CIT(E) are authorised to condone the delay in filing the return and Form 10. The CBDT vide subsequent circulars dated 11.07.2022 (circular no.17/2022) and dated 18.11.2024 (circular no.16/2024) had fixed the timelines for disposing of the condonation petition filed for AY 2018-19 onwards. As per the circular dated 18.11.2024, the time limit was 6 months from the end of the month in which the petition is filed. However in assessee's case petition filed has been pending to be disposed till date. Therefore we direct the CIT(E) to dispose off the condonation petition filed by the assessee. We further d....

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....refore, it is clear that both the original return and the revised return have been filed by the assessee before the due date under section 139(1) and 139(5) respectively. We further notice that both the original return and the revised return have been processed under section 143(1) of the Act which could mean that the revised return has been accepted by the revenue. It is a settled position of law that when the assessee files a revised return under section 139(5) revising the original return filed within the due date under section 139(1) then the revised return substitutes the original return as has been held by the Hon'ble Allahabad High Court in the case of Niranjan Lal Ram Chandra v. CIT (134 ITR 352). For the year under consideratio....