TMI Blog2023 (12) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 rectification application filed by the assessee. CIT(A) merely upheld the rectification intimation on the ground the rectification application filed by the assessee would not fall within the ambit of Sec.154 of the Act overlooking the fact that the grievance of the assessee was not even looked into by CPC in the rectification application. Apparently, the applicable exemption has been denied due to the fact that the assessee did not furnish details of audit in the return of income and Form No.10B was uploaded after filing of return of income. The facts of the present case are covered by the decision of Ahmadabad Tribunal in the case of Shree Charitable Trusts[ 2023 (7) TMI 282 - ITAT AHMEDABAD] as relying on ASSOCIATION OF INDIAN PA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The CIT(A) having taken note of the fact that the Audit Report was obtained prior to filing of Return of Income and subsequently uploaded within the time limit stipulated u/s. 139, erred in upholding the order u/s. 154. 3. The CIT(A) having taken note of the fact that the CBDT itself vide its circular No.10/2019 clarified on condonation of delay in filing Form 10B for A.Ys.2016-17 2017-18, ought to have allowed the claim of exemption u/s. 11. 4. The CIT(A) having taken note of the instruction of CBDT, failed to adjudicate the same. 5. The CIT(A) ought to have seen that the action of AO u/s. 154 is against the CBDT instruction which is clearly a mistake apparent from the record which is rectifiable u/s. 154 and ought to have al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation issued by CPC on 02.01.2018. However, Ld. CIT(A), citing many case laws, held that power u/s 154 could be invoked only to correct an error and not to disturb a concluded finding. A mistake must exist and the same must be apparent from the record. Aggrieved, the assessee is in further appeal before us. 5. The undisputed fact that emerges is that the assessee has filed Audit Report much before the processing of return of income by CPC u/s 143(1). The Audit Report was very much available at the time of processing of return of income. The CPC have not taken the same into account while processing return of income u/s 143(1) as well as while dealing with 154 rectification application filed by the assessee. The Ld. CIT(A) merely upheld th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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