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TMI Blog2025 (2) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the CPC, Bengaluru, (in short, 'the A.O.') passed under section 143(1)of the Act, date of order21/02/2018. 2. The assessee has taken the following grounds of appeal:- "GROUND NO. 1: FAILURE OF CIT(A) TO ALLOW EXEMPTION U/S. 11 OF ADDL/JCIT(A)-5 CHENNAI DT, 22.10.2024. GROUND NO.1 : FAILURE OF CIT(A) TO ALLOW EXEMPTON U/S 11 OF Rs. 86,80,000 The Id. CIT(A) erred in laws and facts in dismissing the ground for grant of exemption u/s 11 of Rs. 86,80,000 without adjudicating the same on merits by allowing the claim for exemption u/s 11 on appreciation that the required Audit report in form 10-B was on record and the appellant has also applied for condonation if any of delay in filling the said report. Your appellant pleads that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DJUDICATING GROUND NO. 2 ΤΟ 4 The Id. CIT (A) erred in laws and facts in passing the order u/s. 250 dt. 22.10.2024 and dismissing the appeal without adjudicating ground no. 2 to 4 contested before him in an appeal filled u/s. 246A before him which ground were duly raised, contested and the fact relating to which were recorded in the statement of facts. Your appellant prays that the said Ground of Appeal, 2 to 4, to be adjudicated and allowed after hearing your appellant. GROUND NO. 5. ASSESSMENT OF TOTAL INCOME The Id. CIT(A) erred in laws and facts in ignoring the action of AO - CPC of assessing the total income at Rs. 88,10,900 against the returned income of Rs. 1,30,900 and in process making an addition/disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h charitable purpose. During the impugned assessment year, the assessee claimed exemption under sections 11 and 12 of the Act and section 12A is constituted validly. But during the impugned assessment year, the assessee filed the return under section 139(4A) but delay in Form 10B which is obtained on 30/09/2016 under sub sections (2)of the section 33 and 34 of Bombay Public Trust, 1950. On the basis of this audit report the expenses are duly claimed by the assessee trust. During processing of return under section 143(1), the Ld.AO disallowed the exemption under section 11 and the tax was determined amount to Rs. 88,10,900/-. The assessee filed a rectification petition under section 154, but without giving an opportunity to assessee, the CPC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for condonation under Section 119(2)(b) is resolved by the Ld. CIT(Exemption). Additionally, the assessee contended that no reasonable opportunity was provided under Section 143(1) of the Act during the processing of the intimation. We find that the assessee has indeed taken an alternative remedy. Therefore, we direct the Ld.AO to consider the assessee as not being in default of tax until the petition for condonation under Section 119(2)(b) is disposed of by the Ld.CIT(E). Accordingly, the matter is remitted back to the file of the Ld.AO with the above instruction. 6. In the result, the appeal of the assessee bearing ITA No.6916/Mum/2024 is allowed for statistical purpose. Order pronounced in the open court on 24th day of February, 2025 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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