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TMI Blog2022 (11) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... filled by the assessee as the Trust is registered under Section 12AA of the Act w.e.f. 26.03.2010. The Tribunal, in the case of Audyogik Shikshan Mandal [ 2022 (3) TMI 470 - ITAT PUNE] clearly observed that if Form No.10B is available on record, the same should be taken into account and exemption cannot be denied to the assessee under Section 11 of the Act. In the present case also the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he following grounds of appeal :- 1. In the facts and in the circumstances of the case and in law the learned Assessing Officer has erred in making addition of Rs.6,86,910/- on account of best judgement assessment/s 144 of Income Tax Act, 1961 and treating Trust as AOP even though the Appellant is registered u/s. 12AA just because audit report in 10B is filed late. 2. In the facts and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iture account. The assessment order was passed ex-parte/best judgement assessment under Section 144 of the Act. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee on the ground that necessary statutory conditions were not made and the Trust is not eligible for exemption under Section 11 of the Act. 5. The L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dyogik Shikshan Mandal (supra) clearly observed that if Form No.10B is available on record, the same should be taken into account and exemption cannot be denied to the assessee under Section 11 of the Act. In the present case also the assessee has fulfilled all the relevant conditions which are required for claiming exemption except filing Form No.10B and Audit Report at the relevant time but the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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