Sampoorna Seva Charitable Trust. v. ITO (2025) 213 ITD 550 (Delhi) (Trib.)

S. 11: Property held for charitable purposes-Delay in filing Audit report in Form No 10B-Directory and not mandatory-Directed to allow the exemption. [S. 12, 12A, Form No 10B]

Assessee filed its return of income declaring total income at nil and claiming exemption under section 11.Centralized Processing Centre (CPC), on the basis of alleged non-availability of TAR in Form 10B, disallowed the exemption claimed by assessee. CIT(A) affirmed the order of the Assessing Officer. On appeal, the  assessee contended that TAR was filed before return, though with a delay of one day and that too solely because of technical slags that frequently occur on the last dates of furnishing such particulars. Further, assessee filed the same Form 10B before the appellate authority as well. Tribunal held that the conditions of filing Form 10B for availing benefit under section 11 are directory in nature and not mandatory; hence, denial of exemption was not justified. (AY. 2022-23)

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