2025 (7) TMI 2021

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....Ms. Vasanti B. Patel, A/R Fort he Revenue : Shri Leyaqat Ali Aafaqui, Sr. D/R ORDER PER NARENDRA KUMAR BILLAIYA, AM: This appeal by the assessee is preferred against the order of the Addl./JCIT(A)-5, Kolkata [hereinafter 'the CIT(A)'] dated 21/03/2025 pertaining to AY 2023-24. 2. The sum and substance of the grievance of the assessee is that while processing the return of income, th....

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....f income, we find that Form 10B was available when the return was processed. On identical set of facts, the Co-ordinate Bench in assessee's own case for AY 2022-23 in ITA No. 2733/Mum/2024 held as under:- "2. The brief facts are that the assessee had filed return declaring income of Rs. 3,11,481/- for the A.Y 2022-23 on 07.11.2022. The Dy. Director of Income Tax (DDIT), Central Processing....

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....1) of the Act was issued on 03.03.2023 as such the audit report was on record much before the processing of return. In this regard, the Ld. AR cited several decisions of the ITAT as well as Hon'ble High court of Gujarat in its favour. Specifically reliance was placed on the latest order of coordinate Bench in the case of Snehasadan Vs. ITO in ITA No. 2225/Mum/2024 dated 24.07.2024, where in a ....

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....xamine it's case on merits afresh as per law. Ordered accordingly. 4. After considering the facts circumstances and judicial pronouncements on this issue, and respectfully following the decision of the coordinate Bench, we hereby direct the AO to consider the claim of exemption u/s 11 of the Act as per law after taking into account the audit report filed in Form No. 10B on 07.11.2022.....