2025 (6) TMI 2126

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....ls facts are common, the assessee has raised certain common ground of appeal, therefore, with the consent of parties both the appeals are clubbed, heard together and are decided by common order to avoid the conflicting decisions. For appreciation of facts, appeal for AY 2022-23 in ITA No. 1268/Mum/2025 is treated as a lead case. Though, the assessee has raised multiple grounds of appeal, however, in our considered view the substantial ground of appeal relates to application of income under section 11 of Income Tax Act which was not allowed by lower authorities for not furnishing Form No. 10B (Audit report under section 12A(1)(b) in time or within extended time. 2. Perusal of record shows that impugned order was passed by ld. CIT(A) on 30....

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....llowing decision: ⮚ Sarvodaya Charitable Trust vs. ITO(E) (2021) 125 taxmann.com 75 (Guj HC), ⮚ Social Security Scheme of GICEA vs. CIT(E) (2023) 147 taxmann.com 283 (Gujarat HC), ⮚ Association of Indian Panelboard Manufacturer vs. DCIT (2023) 157 taxmann.com 550 (Gujarat HC), ⮚ Al-Jamia Mohammediya Education Society vs. CIT(Exemption) (2024) 162 taxmann.com 114 (Bom), ⮚ Karnataka Sangha vs. CIT(Exemption) (2025) 171 taxmann.com 137 (Bom), ⮚ Warkari Shikshan Sanstha vs. CIT(E)92025) 171 taxmann.com 269 (Bom), ⮚ M/s. ArhamMitra Mandal vs. ITO ITA No. 1110/Bang/2023, ⮚ Snehasadan vs. ITO(E) ITA No. 2225/Mum/2024, ....

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....tantial justice may be preferred. Thus, keeping in view, the aforesaid principle the delay in filing appeal is condoned. 6. So far as merits of the case is concerned, we find that Assessing Officer/CPC as well as ld. CIT(A) not allowed application of income to assessee under section 11 of Income Tax Act for the want of filing of Form 10B before filing return of income. The assessee is having valid registration under section 12A/AB, such facts is otherwise not disputed by revenue. The only basis of disallowance of application of income under section 11, is filing Form-10B after filing return of income. We find that higher courts in a series of decision including Gujarat High Court in Social Security Scheme of GICEA vs CIT (supra) and in A....