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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI S. RIFAUR RAHMAN, AM & SHRI RAVISH SOOD, JM
सुनवाई की तायीख / Date of hearing: 11.08.2021 घोषणा की तायीख / Date of pronouncement: 29.09.2021 आदेश / O R D E R एस रयपऔय यहभान, रेखा सदस्म के द्वाया / PER S. RIFAUR RAHMAN: This appeal by the assessee is directed against order of learned CIT(A)-1, Mumbai dated 11.11.2019 and pertains to Assessment Year 2015-16.
Shri Venkteshwar Nidhi Trust, AY 15-16 2. At the time of hearing, it was submitted that the assessee is a trust registered under Bombay Trust Act, 1950 and also registered under section 12A and 80G of the Income Tax Act, 1961 (in short ‘Act’). The assessee filed its return of income for Assessment Year 2015-16 on 30.09.2015 subsequently, the assessee received intimation under section 143(1) of the Act dated 15.09.2016 in which the income was computed at Rs.11,54,579/- against the return of income of Rs.1,54,580/-. It is submitted that assessee has accumulated an amount of Rs.10 lacs during the year under section 11(2) of the Act. However, in the computation under section 143(1), no deduction was allowed under section 11(2) of the Act. Therefore, the assessee filed a rectification application with the CPC Bangalore under section 154 of the Act on 14.11.2016, which was rejected by the Assessing Officer (CPC) vide communication dated 18.11.2016. Subsequently, the assessee made application for rectification manually to the Jurisdictional Assessing Officer on 01.06.2017, which is also pending as on date. Aggrieved, assessee filed an appeal before CIT(A) and made submission before him. After considering the submissions of the assessee, the learned CIT(A) observed that assessee has filed form No.10 manually before the jurisdictional Assessing Officer, therefore, it clearly prove that assessee has not filed form No.10 online either before or along with online return of income. He observed that the undisputed facts which come to the notice was that assessee had filed its return of income online whereas it had filed its form-10 and certified copy of resolution in support of accumulation of income manually to the jurisdictional Assessing Officer. Therefore, these documents was not available to the Assessing Officer (CPC), therefore, Shri Venkteshwar Nidhi Trust, AY 15-16 no infirmity is found as regard to the processing of return under section 143(1) of the Act by Assessing Officer (CPC). He also observed that the assessee had filed rectification application under section 154 of the Act before jurisdictional Assessing Officer and accordingly, he directed the jurisdictional Assessing Officer to dispose off such rectification application pending before him after due verification of facts and in accordance with law. Aggrieved, assessee is in appeal before us.
After considering the rival submissions and gone through the materials available on record, we notice that assessee has filed form No.10 manually to claim the deduction under section 11(2) before the jurisdictional Assessing Officer and it is a fact on record that it is not made available to the Assessing Officer (CPC). Since, the issue involves factual verification of the form No.10 which assessee has already filed before jurisdictional Assessing Officer and also we noticed that learned CIT(A) also gave a clear direction to jurisdictional Assessing Officer to dispose off the rectification application filed by the assessee after due verification as per law. Therefore, we also deem it fit to remit this issue to the file of jurisdictional Assessing Officer to process the rectification application filed by the assessee and the form No.10 filed by the assessee manually is a rectifiable mistake. Therefore, the assessee has filed the relevant form and board resolution to the jurisdictional Assessing Officer and accordingly, we direct jurisdictional Assessing Officer to process the rectification application immediately and passed the rectification order within two Shri Venkteshwar Nidhi Trust, AY 15-16 weeks from the receipt of this order. Accordingly, ground raised
by assessee is allowed for statistical purposes.
4. In the result, the appeal of the assessee is partly allowed. Order pronounced in the open court on 29.09.2021.