2026 (8) TMI 1356

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent : Shri Naveen Kumar B, CIT-DR ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal at the instance of assessee pertaining to A.Y. 2023-24 is directed against the order dated 08.12.2025 framed by Addl./JCIT(A)-1, Pune arising out of Intimation Order dated 19.11.2024 passed u/s. 143(1) of the Income Tax Act, 1961 (in short 'the Act'). 2. The grievance of the assessee ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he instant case in no long res integra as the various Coordinate Benches have been consistently holding that filing of Audit Report on Form No.10B is directory in nature and even if the same is filed at the appellate stage, the benefit of exemption u/s. 11 cannot be denied to the assessee. 5. In this connection, we quote the decision of Coordinate Bench, Ahmedabad in the case of Vardhman Stanak....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s having registration under section 12A/12AB of the Act. The assessee filed return of income on 29/08/2018. In the computation of income, the assessee claimed application of income under section 11/12 of the Act. The return of income was filed within the time allowed under section 139(1) of the Act. The return of income was processed by CPC Bangalore vide order dated 26.09.2019. The CPC while proc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....;ble Bombay High Court in CIT Vs Sakal Relief Fund (2017) 81 taxmann.com 396 (Bombay) that uploading of audit report is a procedural provision and should not be construed as mandatory, hence, we direct the Assessing Officer to verify the fact and allow appropriate relief to the assessee by following the aforesaid decisions. Needless to direct that before passing the order, the Assessing Officer sh....