9911796707
TMI Blog2024 (7) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... ue 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. Thus, since the Form 10B was available when the CPC passed the intimation in this case, disallowance of the claim of the assessee under section 11 of the Act is not proper. AO is, therefore, is directed to consider Form 10 available on record and to pass appropriate orders. Appeal of the assessee is allowed. - Shri K. Narasimha Chary, Judicial Member For the Assessee : Advocate Srinarayan Toshniwal For the Revenue : Shri Aravindakshan, DR ORDER Aggrieved by the order dated 29/04/2024 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the due date prescribed in section 139(1) of the Act cannot be so fatal as to deny the claim of exemption under section 11 of the Act, especially when such Form was available on record when the intimation was processed by CPC under section 143(1) of the Act. He placed reliance 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) and also the decision of the Hon ble Gujarat High Court in the case of Association of Indian panelboard manufacturer vs. DCIT (2023) 157 Taxmann.com 550 (Gujarat) in support of his 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erely 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 considered the binding precedents rendered by the Hon ble Gujarat High Court and other high courts and also the Hon ble Supreme Court. Respectfully following the same I hold that since the Form 10B was available when the CPC passed the intimation in this case, disallowance of the claim of the assessee under section 11 of the Act is not proper. Learned Assessing Officer is, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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