TMI Blog2022 (10) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... ted return of income. Language of the Circular F. No.173/193/2019 ITA is very clear and unambiguous in so far as the return of income filed u/s. 139 of the Act is concerned. Section 139 has several sub sections (1), (2), (3), (4), (4a), (5) - it is of the considered view that if the return is filed within the specified time limit of sub section of 139 would be eligible for the benefit given by the above mentioned CBDT circular and should avail the benefit of exemption u/s. 11 of the Act. CIT(A) erred in misinterpreting the aforementioned circular and, therefore, to that extent the order of the CIT(A) is erroneous and deserves to be set aside the grievance of the assessee is allowed. Delay has not been condoned inspite of CBDT circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed on 23.02.2021 and the due date as extended was 15.02.2021. 6. The assessee claimed that the return was filed before 31.03.2021 which is the time allowed u/s. 139 of the Act. It was also brought to the notice of the CIT(A) that the assessee has filed audit report in Form No.10B on 19.12.2020 and form No. 10 on 22.12.2020. 7. Strong reliance was placed on the instruction of CBDT F. No.173/193/2019 ITA I dated 23.04.2019 wherein the CBDT has clarified with regard to the time allowed for filing of the return of income subsequent to the insertion of clause (ba) in sub section 1 of section12A of the IT Act which includes the IT return filed within the time allowed u/s. 139 of the Act. The contention of the assessee were dismissed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4a), (5). I am of the considered view that if the return is filed within the specified time limit of sub section of 139 would be eligible for the benefit given by the above mentioned CBDT circular and should avail the benefit of exemption u/s. 11 of the Act. In my considered opinion the CIT(A) erred in misinterpreting the aforementioned circular and, therefore, to that extent the order of the CIT(A) is erroneous and deserves to be set aside the grievance of the assessee is allowed. 11. The second substantive grievance of the assessee is that the delay has not been condoned inspite of CBDT circular No.06/2020 dated 19.02.2020. The above said circular is as under :- 12. In the light of the mandate of the CBDT in the aforementione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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