TMI Blog2023 (10) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... d, and the ld. DR has also accepted that the mistake occurred only in the audit report and the claim of the assessee is genuine. The ld. AR invited our attention in ITR 7 where it is mentioned that the correct figures in claim of section 11(1)(2) of the Act. The assessee submitted the Form No. 10 and modified Form where the rectification was done by the auditor. It is very clear that there is no mistake in the return of income but mistake was occurred in the audit report which was duly rectified by the said auditor. Accordingly we accept that the said mistake is apparent from the record which has covered u/s 154 of the Act. The ld. DR was not able to submit any contrary judgment or fact against the assessee s submission. Accordingly, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally in restricting the accumulation of income u/s 11(2) at Rs. 420986/- instead of Rs. 1351645/- claimed by the appellant particularly when ample evidences were before the competent AO CPC indicating accumulation of income u/s 11(2) at Rs. 1351645/- and, therefore, the prima facie adjustment made in question u/s 143(1) and thereafter confirmed u/s 154 should have been deleted by Id. CIT(A) NFAC which he failed to do. 3. That the appellant craves leave to add, alter or amend the grounds of appeal before or at the time of hearing of appeal. 3. Brief fact of the case is that the assessee is a trust and registered under section 12A(a) of the Act. In the impugned assessment year, the return was filed and in the return the assessee cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort and the claim of the assessee is genuine. The ld. AR invited our attention in the APB pages 7 to 8 related ITR 7 where it is mentioned that the correct figures in claim of section 11(1)(2) of the Act. The assessee submitted the Form No. 10 in APB page-10 and modified Form is in APB page-11 where the rectification was done by the auditor. It is very clear that there is no mistake in the return of income but mistake was occurred in the audit report which was duly rectified by the said auditor. The ld. AR relied on the order of the ITAT Bangalore Bench in the case of M/s Bunts Sangha Vs. ITO (Exemption) ITA No. 569/Bang/2018 order dated 03.08.2018. The relevant paragraph 9 is reproduced as below: 9. The view taken by the Tribunal in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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