9911796707
TMI Blog2023 (12) TMI 1346X X X X Extracts X X X X X X X X Extracts X X X X ..... for Assessment-Year ["AY"] 2018-19, the assessee has filed this appeal on various grounds as mentioned in Appeal Memo (Form No. 36). 2. Heard the learned Representatives of both sides at length and caserecords perused. 3. The exact controversy involved in various grounds of appeal is: Whether or not the assessee was entitled for exemption u/s 11/12 as claimed in the return of income when the audit-report (Form No. 10B) was filed after filing of return of income but before processing u/s 143(1)? 4. Apropos to this issue, the precise facts are: The assessee is a charitable trust for the welfare of disabled persons. It is registered u/s 12A of the Income-tax Act, 1961 and entitled for exemption u/s 11/12; accordingly it claimed exemption u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ld. AR submitted that except such technical defect, there is no other reason to deny the benefit of section 11/12 to assessee. Ld. AR submitted that the e-filing/uploading of audit-report is done by auditors and not by assessee; therefore the defect is not per se attributable to assessee. Ld. AR submitted that in any case the defect is due to an inadvertent human error and the assessee should not be denied the legitimate exemption, when the assessee is genuinely doing charitable activities for the welfare of public and satisfying all conditions prescribed in income-tax law for being entitled to exemption. Ld. AR submitted that if the audit-report obtained by assessee on 20.07.2018 but filed belatedly on 12.02.2020 is accepted, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion u/s 11. Since the assessee has not fulfilled such condition, the lower-authorities have rightly denied assessee's claim of exemption u/s 11 and there is no infirmity in the action of lower-authorities. Ld. DR also pointed out an additional fact that the assessee has filed an application to higher authorities in terms of CBDT Circular issued u/s 119 of the act for condoning the delay in filing of audit report and such application is still pending with authorities. 7. In rejoinder, Ld. AR submitted that though the assessee has filed application to authorities in terms of CBDT Circular u/s 119 for condonation of delay, pursued the same and made all sincere efforts but the same is pending with authorities. Ld. AR submitted that the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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