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Without expressing anything on the merit of the matter, particularly contents of Ext.P3, I dispose of this Writ petition by issuing directions to the 1st respondent and take a call on the application, Ext.P3 filed under Form 10B of the Circular ibid in accordance with law, after affording an opportunity of hearing to the petitioner as expeditiously as possible within a period of 2 months. Until such time, the demand raised in Exts.P1, P2 and P4 is also to be kept in abeyance.

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Sec. 11 of Income Tax Act, 1961 - Exemption - On account of non-filing of the Return by the petitioner, the petitioner received notice under section 142(1) of the Act to file the Return on or before 07/04/2018, but the same could not be filed within the time granted and in fact, it was filed on 04/05/2018. Exemption under Section 11 was denied and assessed the Tax by invoking the provisions of Section 143(3), resulting into an assessment order, Ext.P1 and the Demand Notice Ext.P2 whereby the income was assessed as Rs. 1,11,20,325/- by denying the benefit of exemption under Section 11. Under the provisions of Section 119 2(B) of the Income Tax and the Circular F.No. 197/55/2018 – ITA-1 dated 22/05/2019 the guidelines of the Board, the delay in filing of Form 10B Audit Report for assessment years 2016-17 and 2017-18 could be condoned. An application, Ext.P3 dated 30.01.2020 was filed. But it is still pending and in the meantime, the Demand, Ext.P4 dated 09.03.2020 calling upon the petitioner to pay a sum of Rs. 50,101,576/- has been issued. The petitioner is thus left in lurch in the absence of any adjudication on Ext.P3. Writ petition disposed of by issuing directions to the 1st respondent and take a call on the application, Ext.P3 filed under Form 10B of the Circular ibid in accordance with law, as expeditiously as possible within a period of 2 months. Until such time, the demand raised in Exts.P1, P2 and P4 is also directed to be kept in abeyance.—SREE NARAYANA EDUCATIONAL AND CHARITABLE SOCIETY NENMENI POST vs. CIT.[2020] 26 ITCD Online 023 (KER)

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