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2024 (4) TMI 92 - ITAT JAIPURExemption u/s 11 - benefit denied on delay in filling the audit report - as per DR even the dead line extended by the board was up to 365 days whereas in this case delay is much beyond. Thus, the same is rightly denied to the assessee by the CPC - HELD THAT:- Assessee placed on record that an order of the CBDT F.No. 225/358/2018/ITA.II dated 08.10.2018 wherein the due date extended upto 31.10.2018 and the assessee in this case e-filed the form no. 10B on 28.01.2020. The bench also noted that even otherwise the issue that the whether the assessee denied the benefit of exemption as a trust merely on the reason that the audit report in Form no. 10 B filed belated. This issue is decided by Sarvodaya Charitable Trust [2021 (1) TMI 214 - GUJARAT HIGH COURT] where assessee, a public charitable trust registered u/s 12A, had substantially satisfied condition for availing benefit of exemption as a trust, it could not be denied exemption merely on bar of limitation in furnishing audit report in Form No.10B especially when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned. The similar issue is also dealt in the case of ITO(E) Vs. Shri Laxmanarayan Dev Shrishan Seva Khendra [2023 (7) TMI 293 - ITAT AHMEDABAD] and Sh. Rajkot Vishashrimali Jain Samaj [2023 (3) TMI 765 - ITAT RAJKOT]. On being consistent to the view in the matter we direct the Jurisdiction Assessing Officer (JAO) to consider the Form no. 10B through belated and allow the claim of exemption u/s. 11 of the Act to the assessee. Appeal of assessee allowed.
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