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2022 (11) TMI 1035 - AT - Income TaxExemption u/s 11 and 12 - denial of deduction as assessee has not furnished the return of income along with audit report in Form No.10B on or before the due date of furnishing of return of income - HELD THAT:- CBDT vide circular No.F.173/193/2019-ITA-1, dated 23.04.2019 and subsequent circular No.2/2020 vide F.No.197/55/2018-ITA-I dated 03.01.2020 were not considered by the ld.CIT(A)/NFAC, although, these are instructions/circulars issued by the Board and are binding on the revenue authorities, therefore, we deem it proper to restore the issue to the file of ld.CIT(A)/NFAC with the direction to adjudicate the issue afresh in the light of the circulars/instructions issued by the CBDT clarifying the time allowed for filing of return of income subsequent to the insertion of clause(ba) in sub-section (1) of section 12A - CIT(A)/NFAC shall give due opportunity of being heard to the assessee and decide the issue as per fact and law. Appeal filed by the assessee is allowed for statistical purposes.
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