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

Nanu Gupta

Nanu Gupta (Querist)
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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)
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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)
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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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