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INCOME TAX APPELLATE TRIBUNAL (CHENNAI BENCH)
ABY T. VARKEY, JM
assessee Trust – Appellant
Versus
Ld.CIT(A) – Respondent


Advocates:
For the Appellants/Petitioners: Not mentioned
For the Respondents: Not mentioned

Table of Content
1. disallowance of income accumulation due to non-filing of form 10. (Para 2 , 3 , 4)
2. technical issues in filing should not affect the claim. (Para 6 , 7)
3. court's directive on the erroneous assumption regarding filing. (Para 8)
4. final decision to allow the appeal. (Para 9)

ORDER आदशे

This is an appeal preferred by the assessee Trust against the order of the Learned Commissioner of Income Tax (Appeals)/Addl./JCIT (A)-1, (hereinafter referred to as “the Ld.CIT(A)”), Jaipur, dated 27.09.2024 for the Assessment Year (hereinafter referred to as "AY”) 2022-23.

3. The brief facts are that the assessee is a public Charitable Trust formed on 21.10.2010 u/s.12AB of the Act has been regularly filing his return of income (RoI) along with the Audit Report in Form 10B. For AY 2022-23, the assessee had filed the RoI on 07.09.2022 along with Audit Report (Form 10B) admitting ‘Nil’ income. According to the assessee, while filing RoI & Audit Report, the assessee Trust uploaded Form 10 [accumulation of income] and was of the bona fide belief that it has uploaded the Form 10 in the Income Tax Portal, but to its dismay when the return was processed by the CPC, and intimation dated 31.

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