Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1682 - AT - Income TaxDisallowance made for non-filing of Form No. 10B in electronic form - benefit of exemption u/ s 11/12 - assessee had furnished Form No. 10B manually before the Assessing officer during the assessment proceedings and further that the assessee could not upload the form 10B on Departmental website within the due time - HELD THAT:- CIT(A) after relying upon the various case laws including the decision of the Hon'ble Supreme Court in the case of case of ‘CIT Vs. Nagpur Hotel Owners Association [2000 (12) TMI 99 - SUPREME COURT] and in ‘CIT Vs. M/s Shimla Chandigarh Diocese Society [2009 (8) TMI 103 - PUNJAB AND HARYANA HIGH COURT] has deleted the disallowance observing that assesses may be given relief as he was able to furnish the form 10 and 10B before completion of assessment proceedings by the Assessing officer and on merits no discrepancy has been found by the Assessing officer to deny him the benefit of exemption u/ s 11/12 of the Act. The Assessing officer is directed to allow assessee’ s claim of exemption u/ s 11/12 of the Act and give benefit of accumulation as per section 11(2) of the Act and allow assessee’ s claim of capital investment made - Decided against revenue
|