THE GUJARAT SALES TAX BAR MEMBERS BENEVOLENT SCHEME,AHMEDABAD vs. THE ITO, WARD-2, EXEMPTION, AHMEDABAD

The present appeal has been filed by the Assessee against the order passed by the Learned Commissioner of Income Tax, Appeal, Additional/Joint Commissioner of Income Tax (Appeal), Maysore [hereinafter referred to as “CIT(A)’] dated 22.10.2024 arising from the assessment order passed u/s. 143(1) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2016-17.

The assessee was denied deduction u/s. 11 of the Income Tax Act because of late filing of audit report in Form 10B. The ld. counsel has produced the copy of order passed u/s. 119(2)(b) of the Income Tax, whereby, the ld. Commissioner of Income Tax has condoned the delay in the case of the assessee for delay in filing Form 10B. In view of this, the impugned order of the ld. CIT(A) is set aside and the matter is restored to the file of Assessing Officer to pass afresh assessment order after taking into consideration condonation of the delay in filing the Form 10B by the ld. CIT vide his order dated 19th May, 2010.

With the above observations, the appeal of the assessee is treated as allowed for statistical purposes.