2024 (7) TMI 404

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..... d by the learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi ("Ld. CIT(A)"), in the case of Manthan Foundation ("the assessee") for the assessment year 2022-23, assessee preferred this appeal. 2. Assessee is a trust. Its case is that while filing the return of income for the assessment year 2021-22, inadvertently it failed to file Form 10, which it filed the .....

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..... date prescribed in section 139(1) of the Act cannot be so fatal as to deny the claim of exemption under section 11(2) of the Act, especially when such Form was available on record when the intimation was processed by CPC under section 143(1) of the Act. She placed reliance on various decisions including the one in the case of ITO vs. Ramji mandir religious and charitable trust (2024) 158 Taxmann. .....

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..... ue is no longer res integra and decided by the coordinate Bench of the Ahmadabad Tribunal in the case of Ramji Mandir Religious and Charitable Trust (supra) wherein, after reviewing the entire case law on this aspect, in unequivocal terms, it was held that the requirement of filing Form 10/10B is merely directory in nature and failure to furnish Form 10/10B before the due date prescribed under sec .....

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