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TMI Blog2024 (6) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... allowable expenditure. In our view, the assessee is required to be assessed as AOP and the assessee is entitled to the deduction of expenses from the gross receipts as available to any other AOP. We deem it proper to remand back the matter to the file of the Assessing Officer with a direction to tax only the net income after giving deduction of expenditure claimed by the assessee in the form of regular expenditure, salary, puja expenditure and all other expenditure which are admissible in law. We further find that the CIT (A) without adjudicating ground No.1 raised by the assessee before him has decided the issue of eligibility of the assessee to claim section 10(23) of the I.T. Act. In our view, once the assessee has no registration u/s 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal is hereby condoned. ITA No.491/Hyd/2023 A.Y 2019-20 3. The assessee raised the following grounds for the A.Y 2019-20: I) On the facts of the case and on the principles of natural justice the learned CIT(A) is not correct in disposing the appeal without giving opportunity of being heard. 2) On the facts of the case and as per law, the learned CIT(A), was not justified in disposing the appeal without considering the grounds of appeal raised by the appellant. 3) On the above and other grounds that may arise during the course of appeal, appellant requests an order deleting the additions made in the Intimation under section 143(1) and sustained by the learned CIT(A). 4. Facts of the case, in brief, are that the assessee is a Trust and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eved, the assessee is in appeal before the Tribunal. 8. The learned Counsel for the assessee submitted that the learned CIT (A) has dismissed the appeal of the assessee vide the impugned order dated 20.07.2023 whereby the learned CIT (A) has dismissed the appeal of the assessee on the ground that one of the mandatory condition prescribed was the audit of the books of account and filing of such report before the specified date as contemplated u/s 10(23) of the Act has not been fulfilled and the assessee has not sought the condonation of delay for filing the audit report from the competent authority. For that purpose, the learned CIT (A) NFAC relied on the circular of the Board dated 19.07.22 and also the decision of the Coordinate Bench of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Mayur Foundation cited (supra) wherein the Assessment year involved is 1980-81 and in the case of Xavier Kelavani Mandal (P.) Ltd. cited (supra) wherein the Assessment Year involved is 2006-07. In our considered view, filing of Form 10B is being mandatory because of the amendment made in Finance Act, 2015 with effect from 1-4-2016 applicable for the Assessment Year 2016-17. Therefore, the above case laws are clearly distinguishable to the facts of the present case. Thus, the grounds raised by the assessee are hereby rejected and the appeal filed by the Assessee is dismissed. 4.6 In the above circumstances, when the power to condone the delay has been vested with the Commissioners of Income Tax and the appellant has chosen not to approac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... open, the matter is set-aside to the file of the Assessing officer to examine the claim of the expenditure so claimed by the assessee trust against the gross receipts for each of the relevant years and where the Assessing officer determines the net receipts as not exceeding the maximum amount not chargeable to tax, allow the necessary relief to the assessee trust . 10. Per contra, the learned DR submitted that the matter may kindly be remanded to the file of the CIT (A) for adjudication of the ground. 11. We have heard the rival arguments made by both the sides and perused the available material on record. In the present case, the assessee being the temple had filed the return of income in the CPC in ITR No.7 within the due date, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enditure. In our view, the assessee is required to be assessed as AOP and the assessee is entitled to the deduction of expenses from the gross receipts as available to any other AOP. In the light of the above, we deem it proper to remand back the matter to the file of the Assessing Officer with a direction to tax only the net income after giving deduction of expenditure claimed by the assessee in the form of regular expenditure, salary, puja expenditure and all other expenditure which are admissible in law. We further find that the learned CIT (A) without adjudicating ground No.1 raised by the assessee before him has decided the issue of eligibility of the assessee to claim section 10(23) of the I.T. Act. In our view, once the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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