TaxTMI 
TaxTMI 
2025 (9) TMI 1798
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....s in both the years are similar except variation of figure of application of income under section 11 of Income Tax Act. Therefore, with the consent of both the parties both the appeals were clubbed, heard together and are decided by common order to avoid the conflicting decision. For appreciation of fact, the appeal for A.Y. 2023-24 in ITA No. 4999/M/2025 is treated as lead case. The assessee has raised following grounds of appeal: "1. VALIDITY OF THE EX-PARTE APPELLATE ORDER: On the facts and in the circumstances of the case and in law, The learned Commissioner of Income-tax (Appeals) [CIT(A)] erred in disposing of the Appeal without issuing any notice for hearing and thereby affording any opportunity of bei....
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....laratory and not mandatory. The alleged delay in filing of such audit report leads to only a procedural lapse and it cannot be a ground to deny benefits of Section 11 of the Act while processing the Return of Income under Section 143(1) of the Act 2.4. It is submitted that the learned Assessing Officer has resorted to the denial of benefits of Section 11 of the Act without complying with the provisions of Section 143(1) of the Act The Appellant prays that the denial of benefits of Section 11 of the Act as above, is illegal, unwarranted and contrary to the law and may therefore be kindly struck down/deleted. III. DENIAL OF DEDUCTION/EXEMPTION UNDER SECTION 11 OF THE ACT: 3.1. On the facts and in the circum....
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.... IV. CONSEQUENTIAL DISALLOWANCES: Without prejudice to the above, it is submitted that the denial of exemption under Section 11 of the Act, as discussed above, has led to denial of deductions of the following amounts resulting into determination of Total Income at Rs. 4,25,24,000/- and huge demand of Rs. 2,00,09,600/- after adjusting the tax refund against the Appellant: 4.1.1. A sum of Rs. 97,58,801/under section 11(1)(a) of the Act being amount accumulated or set apart for application to charitable or religious purposes or for the stated objects of the trust to the extent it does not exceed 15 per cent of income derived from property held in trust. 4.1.2. A sum of Rs. 3,26,00,000/- being ....
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....at there are series of decision by Tribunal and High Courts wherein it has been consistently held that filing of Form 10B is directory and delay in filing such for is liable to be condoned. Even if such report in Form 10B is available at the time of assessment order, the benefit of section 11 be allowed to the assessee. 3. The ld. AR of the assessee further submits that in A.Y. 2023-24, the assessee filed application for condonation of delay 29 days before ld. CIT(E), however he refused to condone the delay. However, on filing Writ Petition (W.P.) before Hon'ble Jurisdictional High Court, such delay in filing Form 10B is allowed to the petitioner in W.P. (L) No. 14461 of 2025) vide order dated 02.09.2025, copy of which is filed on r....
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....kari Shikshan Sanstha vs CIT(E) (2025) 171 taxmann.com 269 (Bombay) 4. On the other hand, the learned Senior Departmental Representative (Sr. DR) for the revenue supported the order of lower authorities. The ld. Sr. DR for the revenue submits that ld. CIT (A) is already restored the appeal to assessing officer. 5. We have considered the rival submissions of both the parties and have gone through the orders of lower authorities carefully. We have also deliberated on various case laws relied by the ld. AR of the assessee. We find that there is very short dispute in the present appeal. Admittedly, there is delay of 29 days in filing Form 10B. Though, the same was filed along with the return of income. Return of income was filed within ex....