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2023 (7) TMI 282 - AT - Income TaxExemption u/s. 11 - delay in filing Form No. 10B [not filed before the date specified u/s. 139] - HELD THAT:- It is no more res integra that filing of Form 10B as required u/s. 12A are directory in nature, as such the Assessing Officer are not powerless to allow an assessee to file Audit Report, if not filed along with return, any time before completion of assessment. See Association of Indian Panel Board Manufacturer [2023 (3) TMI 1374 - GUJARAT HIGH COURT] and Shree Bhairav Seva Samiti [2022 (12) TMI 445 - ITAT MUMBAI] Audit Report in Form 10B though filed belatedly by the assessee, the same was not considered and verified by the Assessing Officer both u/s. 143(1) proceeding as well as in u/s. 154 proceeding, so the said orders are hereby set aside. Further there is no regular assessment orders passed u/s. 143(3) of the Act in the assessee case, therefore we hereby direct the Jurisdictional Assessing Officer to verify the Form No. 10B and then allow the claim of exemption u/s. 11 - Appeal filed by the Assessee is allowed for statistical purposes.
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