2025 (4) TMI 846

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..... KN, Sr. AR ORDER PER MANJUNATHA G, A.M. : This appeal has been filed by the Assessee against the Order dated 18.09.2024 of the learned Addl./JCIT(A), Bhubaneswar, relating to the assessment year 2020-2021. 2. At the very outset, there is a delay of 32 days in filing the appeal before the Tribunal. The assessee filed an affidavit seeking for condonation of delay on medical grounds. We are sati .....

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..... etermined the total income of the assessee at Rs. 39,64,385/- and tax payable at Rs. 8,76,380/- by denying exemption u/sec. 11 of the Act for not filing the return of income and audit report on or before the due date for filing the return of income on 15.02.2021. 4. Being aggrieved by the assessment order, the assessee preferred appeal before the CIT(A). Before the CIT(A) the assessee submitted t .....

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..... Act. 5. Now the assessee is in appeal before the Tribunal challenging the order of the learned CIT(A) in confirming the order of the Assessing Officer. 6. Learner Counsel for the Assessee referring to the dates submitted that due to on-going Covid-2019 pandemic outbreak, the assessee could not file it's return of income along with audit report in Form No.10B on or before the extended due date i. .....

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..... essing Officer and the learned CIT(A) has rightly denied benefit of exemption u/sec. 11 of the Act and thus, the order of the learned CIT(A) should be upheld. 8. We have heard both the parties, perused the material on record and gone through the orders of the authorities below. There is no dispute with regard to the fact that the "due date" for filing the return of income was by 15.02.2021 and th .....

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..... the return of income and audit report in prescribed Form No.10B should have been condoned by the authorities below when the relevant audit report in Form-10B was made available to the Assessing Officer before the Assessing Officer passed his assessment order dated 12.05.2022. Therefore, in our considered view, the Assessing Officer and the learned CIT(A) was erred in rejecting exemption u/sec. 11 .....

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