2024 (10) TMI 1777

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....Faceless Appeal Centre, [in short "Ld. CIT(A) / NFAC"], Delhi, which turn arise out of separate orders passed by the assessing officer under section 154 of the Income tax Act 1961. 2. Since the issue involved in these two appeals are common and identical, therefore, we have clubbed and heard these two appeals together and a consolidated order is being passed for the sake of convenience and brevity. 3. First, we shall take assessee's appeal in ITA No. 456/Rjt/2023, for assessment year (AY) 2021-22. We find that in this appeal, the assessee has raised multiple ground of appeals. However, at the time of hearing we have carefully perused all the grounds raised by the Assessee. We find that most of the grounds raised by the Assessee, are e....

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..... 24,33,186/- had not been allowed. 5. Aggrieved by the order of CPC Bengaluru, the assessee-trust, carried the matter in appeal before ld. CIT(A), who has reiterated the facts narrated by the assessing officer, and then confirmed the findings of the assessing officer. Therefore, the assessee is in appeal before us. 6. Learned Counsel for the assessee, argued before the Bench that the CPC Bengaluru has ignored the facts of the case that assessee has filed the Form No. 10B on time, hence no disallowance should have been made, therefore, assessing officer had passed rectification application without considering the merits of the case. Hence, learned Counsel contended that addition made by the assessing officer may be deleted. 7. On t....

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....case are more or less, similar and identical, as we have discussed above. Learned Counsel for the assessee argued that the due date for filing the return of income for A.Y. 2015-16, was extended from 30.09.2015 to 31.10.2015 vide F. No. 225/207/2015/ITA-II, dated 29.10.2015. From the extracts of ITR-7, placed at record, it is clearly evident that the auditor's report has been obtained in form 10B as on 12.10.2015 which is before the due date of filing of Return of Income and file the same with the department. Therefore, exemption should not be denied to the assessee. 11. On the other hand, the Learned Senior Departmental Representative (Ld. Sr. DR) for the Revenue has primarily reiterated the stand taken by the Assessing Officer, whi....