TMI Blog2022 (8) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... on 11 of the Act. In the present case, the form 10B was not filed by the assessee electronically but the same was filed before the Ld. CIT-A physically. CIT-A did not consider the same. In this regard, we refer to the decision in CIT v. Gujarat Oil and Allied Industries Ltd.[ 1992 (9) TMI 67 - GUJARAT HIGH COURT ] wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completion of the assessment - benefit of exemption should not be denied merely on account of del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the extension granted by the Hon'ble Supreme Court on account of pandemic covid-19 virus in MA No. 665 of 2021 which was effective from 15 March 2020 and upto the period of 90 days from 3 October 2021. The case of the assessee was falling within such extended time. Accordingly, we condone the delay and proceed to adjudicate the issue on merit. 3.1. The assessee is a public charitable trust registered under section 12AA of the Act vide registration dated 28-09-2018. The assessee for the year i.e. AY 2017-18 declared gross receipt of Rs. 18,36,157/- and application towards its object amounting to Rs. 23,59,844/-. The assessee claimed exemption under section 11/12 of the Act on the reasoning that on the date of registration, the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturn of Income, returns are processed without giving benefit of sec. 11 of the Act. In other words, the total income becomes subjected to tax without providing any benefit under section 11 of the Act. In the present case, the form 10B was not filed by the assessee electronically but the same was filed before the Ld. CIT-A physically. The Ld. CIT-A did not consider the same. In this regard, we refer to the decision of Hon'ble High Court in CIT v. Gujarat Oil and Allied Industries Ltd. [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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