9911796707
TMI Blog2023 (4) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.2022, the order passed u/s 250 of the Income Tax Act 1961, [in brevity the Act] for A.Y. 2018-19.The impugned order was emanated from the order of the ld. Income Tax Officer, Exemption, Jalandhar, (in brevity the AO) order passed u/s 143(1) of the Act date of order 21.05.2021. 2. The assessee has taken the following grounds: "1. That the order of Ld. CIT(A) is against the law and facts of the case. 2. That the Ld. CIT(A) has grossly erred in upholding the illegal order passed by the AO, CPC, Bangalore, whereby the learned AO has disregarded our reply dated 23.03.2019 in response to a deficiency letter issued on 28.02.2019; and made addition of Rs. 1146800/- by way of adjustment u/s 143(1) (a) by denying exemption u/s 11 for the only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed with the return. The return was treated as defective u/s 139(9) by the revenue. The ld. AO allowed 30 days' time for recovering the deficiency. Within 30 days the Form No. 10B was filed therefore assessee is eligible for deduction u/s 11 of the Act. 4.1 The ld. counsel further relied on the order of the jurisdictional High Court in the case of CIT vs. Mahalaxmi Rice Factory (2006) 203 CTR PH 117 date of order 03.05.2006 the relevant para 11 is extracted as below: "11. A perusal of dictum of law as referred Id above dearly shows that the provisions of Section 8oJ(6A) of the Act have been head to be directory in nature to the extent that audit report, in case not filed along with the retain is not fatal for pant of deduction. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... auditing facilitates in reporting correct income. CPC has intimated the appellant about the deficiency pointing out noncompliance of the time lines. Though the appellant complied with the direction of providing the audit report, but the fact remained that it had not observed the time limit prescribed. The default of not filing the audit report renders the appellant not eligible to claim the exemption and the same has been done by the subsequent CPC order dated 21.05.2019. The case law relied by the appellant is not applicable as the same is distinguishable on facts as it is in context of Form 3AA which is no longer there on statute. 4.4 In view of the facts narrated above and legal provision. This office need not interfere with the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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