Tribunal condoned the delay of 29 days in filing the appeal before CIT(A). Assessee-trust filed its return of income declaring shortfall in application of income. Assessee filed Form 10B i.e. audit report, before filing return of income. However, there was a delay of 29 days in filing same. Assessee had made applications to condone delay in filing Form 10B. However, same was not accepted and assessee’s return was processed wherein exemption claimed by assessee under section 11 was denied. CIT(A) up held the order of the AO. On appeal the Tribunal held that filing of Form 10B was not mandatory but directory, when audit report was available while passing intimation under section 143(1)(a) and requirement of law were complied with, exemption under section 11 could not be denied. It was further noted that circulars issued by CBDT which were available at time when assessee had made applications to condone delay in filing Form 10B had not been considered by authorities. On facts, issue is remanded back to Assessing Officer to consider claim of assessee in accordance with law by carrying out necessary verification of Form 10B filed by assessee. (AY. 2022-23)
Sarvadeivatha Education Trust. v. ITO (2024) 208 ITD 759 (Bang) (Trib.)
S. 11 : Property held for charitable purposes-Delay in filling Form 10B-Not mandatory-Issue is remanded back to Assessing Officer to consider claim of assessee in accordance with law by carrying out necessary verification of Form 10B filed by assessee-Delay of 29 days in filing of appeal before CIT(A) is condoned. [S. 119, 143(1)(a), 249 Form No 10B]