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TMI Blog2024 (12) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... and decide the issue accordingly after affording reasonable and adequate opportunity of being heard to the assessee. - Shri Yogesh Kumar Us, Judicial Member And Shri Naveen Chandra, Accountant Member For the Assessee : Shri Ayush Garg, CA, Shri Ved Jain, Adv For the Department : Shri Amit Katoch, Sr. DR ORDER PER NAVEEN CHANDRA, ACCOUNTANT MEMBER :- This appeal by the assessee is preferred against the order of the ld. CIT(A), Mumbai dated 30.04.2024 pertaining to A.Y 2018-19. 2. The assessee has raised the following grounds of appeal: 1. On the facts and circumstances of the case, the order passed by the Additional/ Joint Commissioner of Income Tax, Appeal(Addl/JCIT (A)-2, Mumbai) is bad both in the eye of law and on facts. 2. On the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Auditor has conducted the Audit and issued the audit report in Form 10B on 30/08/2018 before the due date prescribed under the Act (iv) That learned Addl/JCIT(A) has erred both on facts and in law in confirming the above said action of AO(CPC) ignoring the settled position of the law that requirement of filing the audit report along with the return is merely a procedural requirement, and that exemption cannot be denied to the assessee on account of delay in filing of audit report. 5. Without prejudice to the above and in the alternative, the learned Addl/JCIT(A) has erred, both on facts and in law in rejecting the contention of the assessee that AO(CPC) has brought gross receipts to tax which is against the basic principles of law where o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the point that the assessee has failed to file the return within the due date as prescribed as the reason for the disallowance of exemption u/s 11 of the Act. Moreover, the ld. counsel for the assessee contended that the case of the assessee is covered in its favour by Circular F. No. 173/193/2019 dated 23.04.2019. 8. The ld. counsel for the assessee has relied upon various judicial pronouncements to support his submissions including the case of Bangarh Educational Welfare Trust TMI 1321 dated 02.01.2023 and in the case of Debendra and Rohini Memorial Trust. 9. The ld. DR strongly supported the findings of the ld. CIT(A) and read the operative part. 10. We have heard the rival submissions and have perused the relevant material on record. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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