2024 (11) TMI 857

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..... filing of the return u/s. 139(4D) instead of section 139(4C) of the Act disentitles the assessee from claiming the exemption u/s. 10(23C)(iiiab) - HELD THAT:- DR could not point out any relevant provision or section under the Income Tax Act which disentitles the assessee from claiming exemption u/s. 10(23C)(iiiab) of the Act for non-filing/late filing of the income tax return. Therefore, the acti .....

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..... red by the assessee against the order dated 30.10.2023 of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the Ld. CIT(A) passed u/s. 250 of the Income-tax Act, 1961 (hereinafter referred to as the Act ). 2. The first issue involved in this appeal is as to whether the exemption u/s. 10(23C)(iiiab) of the Act can be denied to th .....

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..... from claiming exemption u/s. 10(23C)(iiiab) of the Act for non-filing/late filing of the income tax return. Therefore, the action of the lower authorities in denying the exemption to the assessee on this ground is not sustainable. 5. The second issue as to whether the filing of the return in wrong form i.e. Form u/s. 139(4D) instead of Form u/s. 139(4C) becomes irrelevant. In view of the above st .....

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