Bhagwant Kishore Memorial Educational Society. v. ITO (2024) 209 ITD 179 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Audit report-Filing audit report in Form No. 10B is procedural in nature-For not filing audit report along with return, exemption cannot be denied-Matter is remanded to the file of CIT(A). [S. 12A, Form No.10B]

Assessing Officer denied exemption under section 11 on reasoning that there was a delay of 235 days in filing Form No. 10B (audit report).  CIT(A)  dismissed appeal by stating that  neither he nor the  Assessing Officer were empowered to condone delay. On appeal the Tribunal held that  requirement of filing audit report in Form No. 10B is procedural in nature and, therefore, not filing audit report along with return of income was a procedural omission only and could not be impediment in law in claiming exemption. Since due to confusion in interpretation of law audit report in Form No. 10B was filed after specified period, delay in filing audit report in Form No. 10B deserved to be allowed. Matter is  restored to CIT(A) to allow exemption. (AY. 2021-22)