AADIVASI WELFARE FOUNDATION,JHARKHAND vs. ASSESSING OFFICER, EXEMPTION WARD 1(1), MUMBAI, MUMBAI
In the result, appeal of the assessee is allowed
ITA 2870/MUM/2024[2022-23]Status: DisposedITAT Mumbai08 Aug 2024AY 2022-23
Bench: Shri Narender Kumar Choudhary & Shri Gagan Goyalaadivasi Welfare Foundation, Plot No. 8185, Sri Krishna Road, Near Srinath University, Dindli Basti, Majhitola, Adityapur, Pan No. Aarca5995N ...... Appellant Vs. Ao (Exem.) Ward-1(1), Pratistha Bhavan, Church Gate, M. K. Road, Mumbai-400 020 ..... Respondent
For Appellant: Shri Venkata Anil, Ld. ARFor Respondent: Shri Manoj Kumar Sinha, Ld. DR
Section 11Section 11(2)Section 12ASection 139(1)Section 139(4)Section 143(1)Section 246Section 250
…the purpose of accumulation by the time limit under 139(1) is directory in nature. It is also held that form 10 filed before the completion of assessment is valid. The Bombay High court has held that in the case of CIT vs. Ziarat Mir Syed Ali Hamdami (2001) 248 ITR 769/114 that a return filed within the time specified under section 139(4) has to be considered as having been filed within the time prescribed under Section 139(1). It is also held in the case that where the return in filed under due date of 139(4) and the option is exercised before the expiry of the time 139(4) such an option is valid. It is also h…