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TMI Blog2023 (3) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... e mistake dated 06/08/2019 wherein the demand raised against the assessee was reversed and the income return for the Assessment Year 2017-18 was accepted by the Department, the Appeal filed by the Revenue challenging order of the CIT(A) deleting the addition made by the A.O. on merit does not survive. Accordingly, the Grounds of Appeal of the Revenue fails. Appeal filed by the Revenue is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Rules as the assessee had failed to e-file to e-file its audit report u/s 10B on or before the due date of filing of return, therefore, the assessee was not entitled to Exemption u/s 11 of the Income Tax Act. 3. Brief facts of the case are that, the order u/s 143(1) of the Act came to be passed on 25/03/2019 pertaining to Assessment Year 2017-18 wherein the DCIT CPC, Bangalore had dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee had fail to e-filed or its audit report u/s 10B on or before the due date of filing the return. Therefore, the assessee is not entitled to exemption u/s 11 of the Act. 6. On the other hand, the Ld. Counsel for the assessee submitted that the assessee filed income tax return for Assessment Year 2017-18 electronically on 04/08/2017 and also filed requisite audit report in Form No. 10B was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the CIT(A). Further, the assessee had also filed application u/s 154 of the Act against the order of 143(1) of the Act the rectification order was passed on 06/08/2019 giving effect of exemption and nullifying the demand created u/s 143(1) of the Act. 7. During the appellate proceedings, the assessee vide written submission dated 24/04/2019 brought to the notice of the Ld. CIT(A) regardin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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