9911796707
TMI Blog2025 (1) TMI 1391X X X X Extracts X X X X X X X X Extracts X X X X ..... T(A) erred in not following it, since assessee has filed its ITR/RoI well before time allowed u/s 139(4A) of the Act.
Therefore, we set aside the impugned order of the Ld.CIT(A) and restore this issue back to the file of the Ld.CIT(A) with a direction to pass rectification order as per the CBDT Circular No.173/193/2019-ITA-I dated 23.04.2019. Appeal filed by the assessee is allowed for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... g of ITR]. The Ld.CIT(A) also noted that the competent authority has condoned the delay in filing of the Audit Report u/s.10B vide order dated 30.01.2024. But since, the assessee filed the ITR after the due date u/s.139(1) of the Act, he upheld the action of the CPC denying the exemption claimed u/s.11 of the Act. Against this impugned action of the Ld.CIT(A), the assessee is before us. The Ld.AR assailing the action of the Ld.CIT(A) brought to our notice that CBDT Circular No.F.No.173/193/2019-ITA-I dated 23.04.2019, which clarifies that if an assessee Trust files its RoI belatedly but within time allowed u/s.139(4A) of the Act, then the AO/CPC must allow the claim u/s.11 of the Act. The ibid Circular reads as under: Undersigned is direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome chargeable to income-tax shall furnish the return of income within the time allowed under section 139 of the Act. These amendments are clarificatory in nature. These amendments will take effect from 1st April, 2018 and will, accordingly, apply in relation to assessment year 2018-19 and subsequent years." 3. Additionally, an excerpt of circular 02/2018 dated 15.02.2018 "Explanatory Notes to the Provisions of the Finance Act, 2017" on insertion of clause (ba) in Sub section (1) of section 12A is quoted as under: "the entities registered under section 12AA are required to file return of income under sub-section (4A) of section 139 of the Income -tax Act, if the total income without giving effect to the provisions of sections 11 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) of the Act as well as demands raised be also rectified. Since CBDT Circular is binding on the Income Tax Authority, we find that the Ld.CIT(A) erred in not following it, since assessee has filed its ITR/RoI well before time allowed u/s 139(4A) of the Act. Therefore, we set aside the impugned order of the Ld.CIT(A) and restore this issue back to the file of the Ld.CIT(A) with a direction to pass rectification order as per the CBDT Circular No.173/193/2019-ITA-I dated 23.04.2019 (supra). 5. Needless to say that assessee to be diligent and file written submissions/relevant documents before the Ld.CIT(A) if advised to do so, and the Ld.CIT(A) to pass order in accordance to law. 6. In the result, appeal filed by the assessee is allowed for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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