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2023 (6) TMI 1120 - AT - Income TaxExemption u/s 11/12 as claimed in the return of income - Delayed audit-report (Form No. 10B) was filed after filing of return but before processing u/s 143(1) - HELD THAT:- As relying on Savitri Foundation [2022 (8) TMI 1372 - ITAT MUMBAI] where following the decision of Mumbai Metropolitan Regional Iron & Steel Market Committee [2015 (4) TMI 512 - BOMBAY HIGH COURT] are of the view that in the present case, the assessee can’t be denied the benefit of exemption u/s 11 as claimed in the return of income for mere delay in filing of audit-report. Remand this matter back to the file of AO for a fresh assessment after considering the audit-report filed by assessee, in accordance with law. The assessee succeeds in this appeal.
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