The assessee-trust was denied exemption under section 11 due to a delay in furnishing audit report in Form 10B along with return. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that from March, 2020 to March, 2022, country was passing through Covid Pandemic which restricted normal activities and it was also an accepted fact that many changes had been brought into Act regarding procedure of filing of income-tax return as well as audit reports and certain technical glitches had been faced time and again. Considering those aspects, CBDT authorized condonation of delays up to 365 days for assessment year 2018-19 onwards and by Circular No. 16/2022 dated 19-07-2022 extended that to delays up to three years. Since delay was merely of 28 days, the delay is condoned and exemption under Section 11 allowed. (AY. 2020-21)
Kedar Nath Saraf Charity Trust. v. DIT CPC (2024) 207 ITD 16 (Kol) (Trib.)
S. 11 : Property held for charitable purposes-Form No 10B-Audit report-Delay of 28 days-COVID-19-Delay is condoned-Exemption is allowed. [S. 119, Form No 10B]
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