TMI Blog2024 (3) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... he issue afresh after affording a reasonable opportunity of being heard to the assessee as per the principles of natural justice and in accordance with law. Accordingly, grounds raised by the assesse are allowed for statistical purposes. - Shri Duvvuru Rl Reddy, Hon ble Judicial Member For the Appellant : Sri GVN Hari, AR For the Respondent : Dr. Aparna Villuri, Sr. AR ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER : This appeal filed by the assessee is against the order of the Ld. CIT(A)-9, Mumbai in DIN Order No. ITBA/APL/S/250/2023-24/1059090534(1), dated 21/11/2023 arising out of the order passed u/s. 143(1) of the Income Tax Act, 1961 for the AY 2021-22. 2. Briefly stated relevant facts of the case are that the assessee is stated to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and also the law applicable to the facts of the case. 2. The Ld. CIT(A) is not justified in dismissing the appeal filed against the Intimation dated 23/08/2022 u/s. 143(1) of the Act as not maintainable on the ground that the appellant also filed appeal against the rectification order passed on 5/12/2022 u/s. 154 of the Act. 3. The Ld. CIT(A) ought to have held that the disallowance of exemption of Rs. 27,86,845/- claimed by appellant u/s. 11 of the Act is outside the scope of adjustments that can be made u/s. 143(1) of the Act. 4. Without prejudice to the above, the Ld. CIT(A) ought to have directed the Assessing Officer to allow the exemption of Rs. 27,86,845/- claimed by the appellant u/s. 11 of the Act. 5. Without prejudice to Ground No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion u/s. 12AB of the Act vide page No. 51 of the paper book. Therefore, considering the facts and circumstances of the case as well as considering the prayer of the Ld. AR, I hereby remit the matter back to the file of the Ld. AO to examine the new approval filed before the Tribunal (Form 10AC, Page 51 of the paper book) and decide the issue afresh after affording a reasonable opportunity of being heard to the assessee as per the principles of natural justice and in accordance with law. Accordingly, grounds raised by the assesse are allowed for statistical purposes. 6. In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above. Pronounced in the open Court on 14th March, 2024. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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