2026 (9) TMI 488

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...."), by NFAC. ITA No.8726/Del/2025 arises from order dated 390.10.2025, passed u/s 250 of the Act. While ITA No.8725 is against an order u/s 143(3) passed by Ld. AO (dated 27.09.2022), the appeal in ITA No.8726 arises from an order u/s 154 of the Act dated 09.05.2025, which has been passed by the Ld. AO after rejecting the claim of the assessee. 2.1 The facts of the case need to be briefly captured. The assessee is a charitable organization working for educating young people in India. The assessee filed its return of income in ITR-7 on 31.12.2020. Form 10B was filed on 18.12.2020 and Form 10 was filed on 31.12.2020. The assessee's case was processed u/s 143(1) of the Act on 30.11.2021 and an adjustment of Rs. 47,00,000/- was made apparent....

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....erein the assessee undertakes to indemnify the Govt. of India for any liability arising out of this claim being allowed." This application for rectification was rejected on the ground that the matter involved a long drawn process of reasoning and was therefore beyond the scope of rectification. The assessee approached the CIT(A) where also he could not succeed regarding this rectification matter. Secondly, regarding the 143(3) matter, where effectively no addition was made but the addition made u/s 143(1) of the Act was duly taken into consideration while computing the taxable income of the assessee, here also the assessee could not succeed before the CIT(A) on the ground that the cause of grievance was the 143(1) order and not the 143(3....

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....he Ld. DR relied on the orders of the authorities below and stated that the assessee was required to adhere to a certain mandated procedure and since the same was not done, hence, he was rightly denied relief. It was also pointed out that the revised Form 10B dated 21.05.2026 has been filed much after any of the orders of authorities below and, therefore, this fact amounts to new evidence which was not before either of the authorities below. 4. We have gone through the records before us and have heard the Ld. AR/DR. Right at the outset, it deserves to be mentioned that the proceedings u/s 143(1) are vitiated due to the non-adherence to the first proviso to Section 143(1A) of the Act. Be that as it may, it would meet the ends of justice, ....