9911796707
TMI Blog2023 (10) TMI 1404X X X X Extracts X X X X X X X X Extracts X X X X ..... A - Assessee placed on record condonation petitions filed by the assessee trust before appropriate authorities [CBDT / CIT (Exemptions)] seeking condonation of delay u/s 119(2)(b) HELD THAT:- We are of the considered opinion that though the assessee has valid registration u/s 12AA, still, it has to comply with the mandatory requirements of law to lay claim on impugned deduction. The law mandates t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 09-11-2022 in the matter of an intimation issued by CPC u/s. 143(1) of the Act on 24-12-2021. The grounds taken by the Revenue read as under: - 1. The order of the learned CIT (A) is contrary to law and facts of the case. 2.1 The Learned CIT (A) erred in allowing the benefit u/s. 11 of the Income Tax Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in giving a finding that A.O. should not deny the benefits of section 11 12 of the Act when the assessee is possession of registration u/s. 12AA of the Income Tax Act, 1961. 2.3 The CIT (A) has erred in not appreciating the fact exemption u/s. 11 of the Income Tax Act, 1961, is available to the assessee only when the assessee complies with the mandatory eligibility conditions as provided in sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [CBDT / CIT (Exemptions)] seeking condonation of delay u/s 119(2)(b). The Ld. AR also sought to impress upon the fact that no communication was issued by CPC before making impugned adjustment. Having considered case records, our adjudication would be as under. 3. It emerges that the extended due date of return of income for the assessee trust was 15-02-2021. However, the assessee filed return of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of income within due date as prescribed u/s 139(1) along with Form No. 10B so as to lay claim on this deduction. Certainly, the assessee has defaulted in the same. Now, Ld. AR has submitted evidences of seeking relevant condonation from appropriate authorities. Therefore, considering the same, we set aside the order of Ld. CIT (A) and restore the appeal back to the file of Ld. CIT (A) for fresh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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