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TMI Blog2024 (7) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... the due date prescribed u/s 139(1) of the Act cannot be so fatal as to deny the claim of exemption u/s 11(2) of the Act, especially when Form 10/10B was available on record when the intimation was passed by CPC u/s 143(1) of the Act. In reaching such a conclusion the Bench considered the binding precedents rendered by the Hon ble Gujarat High Court and other high courts and also the Hon ble Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while filing the return of income for the assessment year 2021-22, inadvertently it failed to file Form 10, which it filed the same belatedly, but before the assessment was finalised. Because of such lapse, CPC while processing the return, issued an intimation under section 143(1) of the Income Tax Act, 1961 (for short the Act ) disallowing exemption claimed by the trust under section 11(2) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on various decisions including the one in the case of ITO vs. Ramji mandir religious and charitable trust (2024) 158 Taxmann.com 114 (Ahmedabad-Trib) in support of her contention. 4. Ld. DR submitted that as rightly pointed out by the Ld. CIT(A), in terms of the CBDT Circular No. 2/2020 dated 3/1/2020 the assessee has to file condonation application under section 119 (2) of the act before the conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling Form 10/10B is merely directory in nature and failure to furnish Form 10/10B before the due date prescribed under section 139(1) of the Act cannot be so fatal as to deny the claim of exemption under section 11(2) of the Act, especially when Form 10/10B was available on record when the intimation was passed by CPC under section 143(1) of the Act. In reaching such a conclusion the Bench consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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