M/S. SUPRATIVA,CUTTACK vs. ITO WARD-2(2), CUTTACK

It was submitted by the ld AR that the assessee is a society registered u/s.12A of the Act. It was the further submission that Form 10B was filed belatedly. It was the submission that when the return of income was filed by the assessee, the same was processed by issuance of intimation u/s.143(1) of the Act, wherein the entire expenditure claimed by the assessee was disallowed by raising a demand of Rs.5,89,164/-. On appeal, the ld. CIT(A) upheld the adjustment done by the ld. AO on account of belatedly filing of Form 10B by the assessee. Consequently, the ld. CIT(A) dismissed the appeal of the assessee. It was the submission that the assessee has not received any show cause notice 2 before issuance of intimation u/s.143(1) of the Act, which was not permissible under the provisions of Section 143(1) of the Act. It was the prayer that the intimation issued u/s.143(1) of the Act may kindly be annulled and the appeal of the assessee be allowed. Apart from the above, ld. AR has filed his written submissions which read as under :-

That, the learned CIT(A) has erred in denying the exemption u/s.11 by stating that audit report in Form No.10B has not been filed before the due date of filing return of income u/s.139. In this regards, it is humbly submitted that filing of audit report is a substantive requirement but the mode and stage of filing is a procedural one and the appellant had already filed the audit report in Fomr-10B on 17.07.2023. the Hon’ble ITAT “D” Bench, Ahmedabad in dated 16.06.2023 had allowed the appeal. Copy of the said order is enclosed for your kind perusal. PRAYER Considering the submissions made herein before it is humbly prayed that a judicious order on merits may kindly be passed taking into consideration the above fact and circumstances of the case. And for this act of your kindness, the appellant as in duty bound shall every pray.

3. In reply, the ld. Sr. DR submitted that no specific reply to the query of ld. CIT(A) regarding filing of Form 10B within the stipulated time, has been submitted by the assessee. It was the submission that the adjustment on account of not considering the expenses towards charitable/religious purposes during the year has been done by the CPC correctly in absence of electronically filed Form No.10B. It was the prayer that the order of the ld. CIT(A) is liable to be upheld.