ORDER

PER SANJAY AWASTHI, ACCOUNTANT MEMBER:

1. This appeal filed by the Revenue is against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2017-18, dated 31.03.2023.

1.1 The impugned order deals with an order u/s 143(1) of the Act through which a disallowance of Rs. 11,06,61,401/- was made on account of the assessee not filing form 9A before the due date. Because of the non-filing of the said Form the exemption u/s 11(1) of the Act was denied. The Ld. CIT(A) was persuaded by the terms of Circular No. 30/2019 (F. No. 197/55/2018- ITA -1] dated 17.12.2019 to understand that he had the powers to condone the said delay in filing of Form No. 9A and on that assumption he has proceeded to allow relief to the assessee.

2. Aggrieved with this action, the Revenue has come in deal with the following grounds:

“1. Whether on the facts and circumstances of the case, the CIT(A) has erred by allowing the assessee’s appeal deleting the adjustment made u/s 143(1) on account of deemed application of income of Rs.