2026 (6) TMI 28

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....MBER For the Assessee Represented : Shri C. Subrahmanyam, CA For the Department Represented : Shri CVA Rama Rao, Sr.AR ORDER PER S.S. VISWANETHRA RAVI, JM: This appeal by the assessee against order dated 26.09.2025 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi [hereinafter in short "Ld. CIT(A)"] for the A.Y. 2016-17. 2. The assessee rai....

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....of funds under section 11(2) of the Act. The CIT(A) confirmed the same vide Para No. 5.1 and 5.2 by recording his reasons. 4. The Learned Authorised Representative, Shri C. Subrahmanyam, CA [hereinafter in short "Ld.AR"] raised a contention before us that the Form-10 was filed on 25.10.2018 and it was available on record before passing Assessment Order. He referred to decisions as placed on rec....

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....when the statue provides filing of Form-10 along with the return of income, is mandatory in nature but not procedural in nature. He reported no objection in remanding matter to the file of A.O considering the decisions as placed on record by the assessee for his fresh consideration. 6. Having heard both the parties, we note that the assessee filed return of income within the due date as prescri....

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....either before the ITO or before the Appellate Authority by assigning sufficient cause. Further, ITAT Chennai Bench in the case of Joy of Sharing Foundation-Charitable Trust v. ITO (Exemptions) [2025] 174 taxmann.com 745 (Chennai - Trib), directed the CPC/A.O to allow the accumulation of income claimed by the assessee under section 11(2) of the Act though Form-10 was filed belatedly. We find the fa....