2025 (5) TMI 2287

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.... filing the appeal is for valid and sufficient reasons. 2. It is submitted that the Appellant sought redressal of the issue by filing a petition for Condonation of Delay under Section 119(2)(b) of the Act with the Commissioner of Income Tax (Exemptions) in line with the CBDT Circular No. 16/2022. However, no further communication was received by the Appellant. Subsequently, the CIT(A) dismissed the appeal of the Appellant. The appeal was technically required to be filed on or before 15.12.2023. However, since the Petition for Condonation of Delay in Filing Form No. 10B was pending before the CIT(E), the Appellant did not initially file the appeal against the Appellate Order. Thus, there is a delay of 434 days in filing the above ap....

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....an impediment in law in claiming the exemption. 8. On the facts and in circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) [CIT(A)] erred in confirming adjustment while processing the Return of Income under Section 143(1) of the Act made by the Deputy Director of Income Tax, CPC (The Assessing Officer). 9. It is submitted that the issue involved is a highly debatable question of law and the same cannot be ground for adjustment under Section 143(1)(a)/143(1) of the Act. The learned Assessing Officer has resorted to the adjustments without complying with the provisions of Section 143(1) of the Act. 2. Perusal of record shows that impugned order was passed by ld. CIT(A) on 16.10.2023, how....

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.... Form 10B. The application for condonation of delay pending before ld. CIT(Exemption) was rejected vide order dated 14.01.2025. Soon after rejection of application for condonation of delay in furnishing Form 10B, the assessee has filed present appeal. The delay occurred due to the fact that assessee was pursuing alternative remedy for condonation of delay. The ld. AR of the assessee submits that the lenient view may be taken and delay may be condoned in filing appeal. The ld. AR of the assessee further submits that in a series of decision by Tribunal and Higher Courts it has been held that delay in filing Form 10B, is liable to be condoned. It is also held in several decisions that even audit report / Form 10B filed before assessing officer....

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.... assessee has not explained the delay in proper way. The explanation of assessee for condoning the delay is nothing but a self serving story. Affidavit is not a drafted in a proper manner and format required for affidavit. The delay may not be condoned. On merit, the ld. Sr. DR for revenue submits that the assessee has not fulfilled the condition required by stature. The assessee was required to file Form-10B before filing return of income, once such condition was not complied; the assessee was rightly not allowed the application of income under section 11 of the Income Tax Act. 4. I have considered the rival submissions of both the parties and have gone through the lower authorities carefully. Firstly, I am considering the plea of condo....