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TMI Blog2024 (8) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... nferred wide discretionary powers to condone such delay on the authorities concerned. The similar issue is also dealt in the case of ITO(E) Vs. Shri Laxmanarayan Dev Shrishan Seva Khendra [ 2023 (7) TMI 293 - ITAT AHMEDABAD] and Sh. Rajkot Vishashrimali Jain Samaj [ 2023 (3) TMI 765 - ITAT RAJKOT] . On being consistent view in the matter we direct the ld. Jurisdiction Assessing Officer (JAO) to consider the Form no. 10B and allow the claim of exemption u/s. 11 of the Act to the assessee. The bench in fact noted that the assessee filed the form no. 10 B within the extended due date and thus the denial of section 11 benefit was on account incorrect appreciation of the fact. Thus, based on this observation ground raised by the assessee is allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principle of natural justice. 3. That on the facts and in the circumstances of the case the CIT(A) grossly erred in sustaining addition of Rs. 10,14,811/- in respect of disallowance of exemption u/s 11 of the Act by the ld. CPC. 4. That on the facts and in the circumstances of the case the ld. CIT(A), NFAC ought to have followed the decisions of various Hon ble courts which are binding in nature and allowed the claim of assessee. 5. That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing. 4. Succinctly, the fact as culled out from the records is that an order u/s. 143(1) of the Act was passed on 21.05.2019 by the CPC, Banglore. Upon perusal of the said intimation the error ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he grounds of appeal, so I am constrained to uphold the addition made by the assessing officer for want of explanation as well as on merit too. In the circumstances, the grounds of appeal of the appellant are dismissed. 6. The ld. AR of the assessee that the appeal of the assessee have been fixed for hearing in the period of Covid. Only one opportunity was granted on 03.02.2023 and the order has been passed without going into the merits of the case. He further submitted that the assessee it well settled that the powers of the ld. CIT(A) are co-terminus with the powers of the assessing officer and we should have appreciated that the CBDT has extended the date of furnishing the declaration for the year under consideration upto 31.10.2018 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. The assessee contended that in this case there is no delay in furnishing the audit report if the same is read with the extended due date and thus the intimation has been generated wrongly and in wrong appreciation of the facts. 8.1 The bench also noted that even otherwise the issue that the whether the assessee denied the benefit of exemption as a trust merely on the reason that the audit report in Form no. 10 B filed belated. This issue is decided by the Gujarat High Court in the case of Sarvodaya Charitable Trust Vs. ITO(E) (2021) 278 Taxman 148 (Guj.) (HC), Where assessee, a public charitable trust registered u/s 12A, had substantially satisfied condition for availing benefit of exemption as a trust, it could not be denied exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X
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