9911796707
TMI Blog2024 (7) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... There is no dispute to the fact that the audit report was filed in this case on 30.11.2014, which was within the time as admissible under the provision of Section 139(1) of the Act. We do not find anything wrong with the direction of the Ld. CIT(A) to allow the claim for deduction u/s 11(2) - The decision of the Ld. CIT(A) is, therefore, upheld and the appeal of the Revenue is dismissed. - Ms. Suchitra Raghunath Kamble, Judicial Member And Shri Narendra Prasad Sinha, Accountant Member For the Appellant : Dr. Darsi Suman Ratnam, CIT. DR For the Respondent : Shri M. K. Patel, Advocate ORDER PER SHRI NARENDRA PRASAD SINHA, AM: This appeal is filed by the Revenue against the order of the National Faceless Appeal Centre (NFAC) (in short the CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eport in form 10B along with its ITR, which is mandatory as per the provisions of section 12A(1)(b) of the I.T. Act, 1961? 5. Dr. Darsi Suman Ratnam, the CIT.DR submitted that the Ld. CIT(A) was not correct in allowing the appeal of the assessee as Form No.10 necessary for claiming exemption under Section 11 of the Act was not filed along with the return of income. 6. Shri M. K. Patel, Ld. AR for the assessee, on the other hand, submitted that Form 10 was filed on 30.11.2014 which was within the due date as prescribed under the provisions of the Act and the Rules and, therefore, the Ld. CIT(A) had rightly allowed the claim of the assessee. 7. We have carefully considered the facts of the case. It is found that the return of income for this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm No.10B was not filed along with the return of income. As per the provisions of the Act and the Rules, the audit report in Form 10B is required to be filed before the due date of filing of return. It is not mandatory that it should be filed along with the return of income itself. As long as the audit report is filed within the time allowed under Section 139(1) of the Act, the claim of the assessee has to be allowed. There is no dispute to the fact that the audit report was filed in this case on 30.11.2014, which was within the time as admissible under the provision of Section 139(1) of the Act. Therefore, we do not find anything wrong with the direction of the Ld. CIT(A) to allow the claim for deduction under Section 11(2) of the Act. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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