2022 (10) TMI 1329

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....Tax (Appeals), Delhi] qua the assessment year 2017-18 on the grounds inter alia that :- "1. The learned CIT(A) erred in confirming the action of the Central Processing Centre (CPC) of denying the exemption u/s, 11, in the Intimation u/s. 143(1), on the ground that the Audit Report u/s, 10B has not been e-filed before or along with the Return of Income. 2. The learned CIT(A) failed to take into consideration the CBDT Circular no. 10/2019, which states that for A.Y. 2016-17 and A.Y. 2017-18, delay (if any) in filing the Form No. 10B before filing of Return of income, shall be condoned and no exemption shall be denied. 3. The Circular No. 10/2019 issued by the CBDT has said that, Accordingly, in supersession of earli....

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.... who has upheld the order passed by the AO by dismissing the appeal filed by the assessee. Feeling aggrieved assessee has come up before the Tribunal by way of filing present appeal. 4. We have heard the Ld. Authorised Representatives of the parties to the appeal, perused the orders passed by the Ld. Lower Revenue Authorities and documents available on record in the light of the facts and circumstances of the case and law applicable thereto. 5. Undisputedly, the assessee trust has filed return of income for the year under consideration on 07.11.2017 well within time, which was processed under section 143(1) of the Act dated 26.03.2019 by Dy. Commissioner of Income Tax (DCIT), Central Processing Centre (CPC), Bengaluru. It is also not ....