Assessee-trust claimed exemption under section 11(2). Assessing Officer disallowed claim of exemption on ground that assessee filed Form No. 10 after due date. CIT(A) confirmed the order of the AO. On appeal the Tribunal held that in view of Circular No. 17/2022, dated 17-7-2022, matter is restored back to Assessing Officer with direction to assessee for applying to Commissioner (E) and seek condonation of delay in filing Form No. 10 and after condonation of delay in filing Form No. 10 by Commissioner (E), Assessing Officer would decide claim of exemption under section 11(2). (AY. 2021-22)
Shree Pushkar Foundation v. ITO (2024) 209 ITD 219 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes-Delay in filing Form No. 10-Matter remanded to the file of Assessing Officer-Assessee is directed to file exemption application before CIT(E). [S.11(2), Form No.10]