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TMI Blog2023 (5) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the case, ld. CIT(A), NFAC, Delhi has erred in not taking cognizance of the fact that an order passed u/s 119(2)(b) of the Income Tax Act, 1961 dated 17.08.2020 by the CIT (Exemptions) Kolkata wherein the condonation of delay in filing of Form 10B was rejected. 2. whether on the basis of facts & circumstances of the case, ld. CIT(A), NFAC, Delhi has erred in not appreciating the fact that subsequent to the orders passed by the jurisdictional Hon'ble Calcutta High Court in the case of (i) Commissioner of Income Tax vs Rai Bahadur Bissesswarlal ... reported in 195 ITR 825 dated 22.04.1991 and (ii) Commissioner of Income Tax vs Hardeodas Agarwalla Trust reported in 198 ITR 511 dated 14.06.1991] CBDT has issued Circular No. 2/2020 da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication before CIT(Exemption), Kolkata u/s 119(2)(b) of the Act. However, petition filed by the assessee was rejected since delay in filing the application was more than 365 days. 4. Dissatisfied with the above order dated 10.08.2020, assessee filed an appeal before the ld. CIT(A), NFAC on 04.09.2020 but the issue of non allowing benefit of exemption by CPC in its rectification order dated 154 of the Act. Ld. CIT(A), NFAC allowed the appeal of the assessee vide order dated 13.06.2022 by observing as follows: "4.2.1 I have carefully gone through the submission of the appellant. I have also gone through the records and facts of the case and case laws cited by the appellant. 4.2.2 It is seen from records of the case that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Form 10B is much within three years time prescribed by Circular No. 16/2022 dated 19.07.2022. Therefore, there is no need to interfere with the order passed by the ld. CIT(A) by this Tribunal. 7. We have heard the rival submission of the parties and perused the material available on record. We noticed that the ld. CIT(A) allowed the appeal of the assessee by relying on the decision of Hon'ble Gujrat High Court in the case of Gujrat Oil & Allied Industries reported in 201 ITR 325 has held that filing of Form 10B is directory and not mandatory. In the case of assessee, Form 10B was obtained on 31.07.2018 and which was subsequently uploaded on e-portal on 12.12.2019. In such scenario, the claim of the assessee cannot be denied. We have noti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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