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2024 (2) TMI 602 - ITAT MUMBAIReopening of assessment u/s 147 - eligibility of exemption u/s 11 - AO invoked the provisions of section 12A(1)(b) as per which assessee has failed to get its accounts audited and furnish the return of income along with the audited report, in case of failure the assessee is not eligible to get the exemption u/s 11 - HELD THAT:- AO himself observed in his order that assessee had in fact filed its return of income on 13.12.2013. From the above it is also clear that the reason for reopening itself fails in this case, prima facie the assessment was reopened with the wrong reasoning that assessee has not filed its return of income by merely observing from IT Portal. Assessee has filed its return of income and AO has accepted the same. On this count itself the assessment made by the AO with wrong reasoning is deserves to be quashed. Eligibility to claim deduction u/s 11 - CIT(A) has applied the amendment made in the provisions of section in the A.Y. 2018-19. Since the amendment was made in A.Y. 2018-19, in our view, this amendment cannot be applied for the A.Y. 2010-11. Therefore, the appellate order passed by applying provisions, which were not relevant for the assessment year under consideration is bad in law. Accordingly, we hold that the assessment order is bad in law for reopening the assessment with the wrong reasons and appellate order passed with the amended provisions under section 12A(1)(ba) is also bad in law. Assessee appeal allowed.
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