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2023 (3) TMI 1316 - AT - Income TaxExemption u/s 11(1) - Denial of the claim of exemption u/s 11 was for the reason that the assessee had belatedly filed Form No.10B by 5 days (i.e. on 26.09.2018) - HELD THAT:- The due date of filing of return u/s 139(1) was 30.09.2018. The return of income was filed on 21.09.2018. Audit Report in Form No.10B was e-filed on 26.09.2018. Audit Report has been filed 5 days after filing of the return. CPC has denied the claim of exemption u/s 11 for the reason that the Audit Report was not filed along with the return of income. The assessee has placed on record the order of the CIT(E), wherein he has condoned the delay of 5 days in furnishing the Audit Report in Form No.10B. Since the CIT(E) has condoned the delay in filing the Audit Report, the assessee is entitled to exemption u/s 11 of the I.T.Act, provided other conditions are satisfied for claiming exemption u/s 11. Appeal filed by the assessee is allowed.
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