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TMI Blog2024 (4) TMI 1114X X X X Extracts X X X X X X X X Extracts X X X X ..... ji Charitable and Chaleshwar Temple Trust [ 1993 (9) TMI 75 - BOMBAY HIGH COURT] held that on a careful reading of the provisions of sub-sections (1) and (4) of Section 139 lead to an inevitable conclusion that a return made within the time specified in sub-section (4) has to be considered as having been made within the time prescribed in sub-section (1) or subsection (2) of Section 139. We further find that CBDT in its Circular No.6/2020 dated 19.02.2020 and Circular No.173/193/2019-ITA-I dated 23.04.2019 clarified that for availing benefit of Section 11, the registered under section 12A shall file its return of income within time allowed under section 139. NFAC/Ld.CIT(A) specifically held that Section 139 includes belated return under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9(4) of the Act and an amount of Rs. 46,00,000/- has been accumulated and set apart for the specified purposed y/s 11(2) of the Act ignoring the facts that the assessee s case is hit by section 13(9) of the I.T Act as explained by ITAT, Rajkot bench in the case of Shri Rajkot Visha Shrimali Jain Samaj reported in 150 taxmann.com 361. (iii) The Revenue craves to add, alter amend modify, substitute delete and/or rescind all or any grounds of appeal on or before the final hearing if necessary so arises. 2. Brief facts are that assessee is a trust registered under section 12AA of the Act. The assessee-trust filed its return of income for assessment year 2018-19 on 28.03.2019 (after due date) under section 139(1) of the Act. The assessee filed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned that Schedule Part BTI Error Description, assessee has not e-filed or not filed return within due date, hence, exemption under section 11(2) is not allowed. In response to such intimation, the assessee submitted its response on 04.12.2019, screen shot of which was also furnished. The assessee further stated that despite filing reply, the exemption claimed under section 11(2) of Rs. 46.00 lakh was denied. The assessee also stated that in the meantime their case was selected for complete scrutiny vide notice under section 143(2) of the Act issued on 22.09.2019. Notice under section 142(1) was issued on 11.11.2020. In response to such notice, assessee furnished requisite reply online and details filed as and when called for. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .173/193/2019-ITA-1, dated 23.04.2019 has clarified that amendment in section 11 in clarified in nature and for a trust registered under section 12AA is entitled to avail benefit of exemption under section 11 till the return of income is filed within time allowed under section 139. Accordingly, order under 143(1)(a) in those cases and the demand has been raised on this issue may be rectified. The Circular of CBDT was also filed. The assessee also relied upon the decision of Delhi Tribunal in the case of Conference of Religious India vs. Ward Exemption 1(3) New Delhi, wherein it is held that if the return was filed within specified time limit of said section 139, the assessee would be eligible for the benefit given by the CBDT s Circular. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DT has directed that demand raised on this issue are to be rectified. Thus, the case of assessee is covered by the Circular of CBDT. The NFAC/Ld.CIT(A) by following the mandate of the Circular allowed the appeal of assessee. Aggrieved by the order of NFAC/Ld.CIT(A) Revenue has filed present appeal before Tribunal. 4. We have heard the submissions of the Ld. Commissioner of Income-tax- Departmental Representative (Ld. CIT-DR) for the Revenue and Ld. Authorized Representative (Ld.AR) for the assessee and perused the record carefully. The Ld.CIT-DR for the Revenue submits that though the tax effect involved in the present appeal is less than monetary limit of Rs. 50.00 lakh as determined by CBDT for filing appeal before Tribunal in Circular No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escribed under section 139(1). We find that Hon ble Bombay High Court in Tulsidas Gopalji Charitable and Chaleshwar Temple Trust vs. CIT (1994) 207 ITR 368 (Bom) held that on a careful reading of the provisions of sub-sections (1) and (4) of Section 139 lead to an inevitable conclusion that a return made within the time specified in sub-section (4) has to be considered as having been made within the time prescribed in sub-section (1) or subsection (2) of Section 139. We further find that CBDT in its Circular No.6/2020 dated 19.02.2020 and Circular No.173/193/2019-ITA-I dated 23.04.2019 clarified that for availing benefit of Section 11, the registered under section 12A shall file its return of income within time allowed under section 139. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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