Form 10b - 143 1 notice

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A taxpayer received a Section 143(1) notice for disallowing deductions because Form 10B was filed a day after the ITR for AY 18-19. While initially advised to appeal, the taxpayer found a circular suggesting condonation of delay for Form 10B filing for that period. However, it was clarified that the relevant circulars (3/2020 and 6/2020) pertain to Forms 9A and 10, not Form 10B, though another circular (2/2020) was mentioned regarding condonation for Form 10B.

Nanu Gupta

Nanu Gupta (Querist)

27 June 2020 For AY 18 19 itr 7 was filed on 28th oct and form 10b was filed on 29th oct. Now notice 143 1 a is received saying audit form is not filed on or before due date. They disallowed whole amount claimed as deduction. How to reslolve this

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

27 June 2020 What they said is correct. Try in appeal

Nanu Gupta

Nanu Gupta (Querist)

27 June 2020 I just found there is circular dated 3rd jan 2020 specifying cbdt allows cit to accept application of condonation of delay in filing form 10b for ay 2018 19. I hope now you will change your reply. Thank you anyways sir.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

28 June 2020 Circular 3/2020 and 6/2020 is related to belated filing of form 9A and form 10. and NOT to form 10B.
So I stand in what I said.

Nanu Gupta

Nanu Gupta (Querist)

28 June 2020 Sir pls check circular 2/2020 dated 3rd january 2020 related to condonation of delay of form 10b

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