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2023 (7) TMI 609 - AT - Income TaxExemption u/s 11 - claim denied as Form 10B was not filed along with the Return of Income - Late filing of Audit Report in Form 10B - HELD THAT:- It is an admitted fact that Audit Report in Form 10B was physically filed before the Jurisdictional Assessing Officer (JAO) on 20.05.2014 but the same was uploaded in the ITB Portal on 14.04.2019 after denying the benefit u/s. 11 of the Act. Late filing of Audit Report in Form 10B is considered by the very same Bench of this Tribunal in the case of Shree Charitable Trust [2023 (7) TMI 282 - ITAT AHMEDABAD] as held provisions regarding furnishing of audit report along with the return has to be treated as a procedural provision. It is directory in nature and its substantial compliance would suffice. Thus the Hon’ble Court Held that the benefit of exemption should not be denied merely on account of delay in furnishing the same. Decided in favour of assessee.
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