TMI Blog2022 (3) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the AO. It is also brought to the notice of the Bench by the assessee that for the earlier years AO allowed such rectification application vide order dated 25.02.2020. In these circumstances, Revenue Authorities were required to follow the rule of consistency instead of generating unnecessary litigation. We are of the considered view that rectification application filed by the assessee before the AO and the appeal filed before the Ld. CIT(A) were liable to be allowed. Hence appeal filed by the assessee is accepted and AO is directed to rectify the order by allowing the claim admissible to the assessee under section 11(2) of the Act after due verification of the facts claimed by the assessee. - ITA No.641/M/2020 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that the appellant is eligible to claim the exemption u/s 11(2) and not granting the same has caused genuine hardship to the appellant. 4. The appellant craves for leave to add to alter and/or withdraw the above ground of appeal, if necessary. 2. Briefly stated facts necessary for adjudication of the controversy at hand are : assessee being a trust registered under section 12A of the Income Tax Act, 1961 (hereinafter referred to as the Act ) filed its return of income on 19.09.2015 declaring total income at Nil for the year under consideration which was supported with audit report in form No.10B, income expenditure account and balance sheet. However, the Assessing Officer (AO) has not allowed the deduction claimed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 11(2) of the Act as claimed by the assessee. 6. In the backdrop of the aforesaid undisputed facts and circumstances of the case the sole question arises for determination in this case is: As to whether the AO/Ld. CIT(A) have erred in not granting the exemption under section 11(2) of the Act despite satisfying the conditions by the assessee as laid down under section 11(2) of the Act while processing the return of the income under section 143(1) of the Act.? 7. Bare perusal of the order passed by the Ld. CIT(A), particularly para 6.3 of the impugned order it is apparent on record that the deduction claimed by the assessee under section 11(2) of the Act was denied merely on the ground that the assessee has not filed form No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant assessment year. (2) The statement to be furnished to the Assessing Officer or the prescribed authority under sub-section (2) of section 11 or under the said provision as applicable under clause (21) of section 10 shall be in Form No. 10 and shall be furnished before the expiry of the time allowed under subsection (1) of section 139, for furnishing the return of income. (3) The option in Form No. 9A referred to in sub-rule (1) and the statement in Form No.10 referred to in sub-rule (2) shall be furnished electronically either under digital signature or electronic verification code. (4) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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