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2016 (1) TMI 600 - AT - Income TaxBenefit of exemption u/s.11 denied - non submission of Form No.10 along with return of income - Held that:- As decided in CIT Vs. Mayur Foundation [2004 (12) TMI 48 - GUJARAT High Court] audit report in Form 10CCB can be filed during appeal proceedings as the same are continuation of assessment proceedings. Since the assessee in the instant case has filed Form 10 before CIT(A) which is continuation of assessment proceedings, i.e. in other words has filed the FormNo.10 before completion of assessment proceedings, therefore, we are of the considered opinion that the assessee is entitled to claim the benefit of section 11 of the I.T. Act. We accordingly set aside the order of the CIT(A) and direct the AO to allow benefit of deduction u/s.11 as per law. - Decided in favour of assessee
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