Held that when delay in furnishing audit report in Form no. 10B by assessee-trust had already been condoned by Commissioner, assessee could not be denied benefit of exemption under sections 11 and 12. Held that assessee had filed return after due date of filing return under section 139(1) but before due date prescribed under section 139(4), benefit of exemption under section 11 could not be denied to assessee by invoking provisions of section 12A(1)(ba). Held that provisions of section 13(9) would attract only when assessee claims benefit of section 11(2) and its scope would not extend to other sub-sections of section 11.(AY. 2020-21)
Shri Rajkot Vishashrimali Jain Samaj. v. ITO (2023) 200 ITD 662 /225 TTJ 992 (Rajkot)(Trib.)
S. 11 : Property held for charitable purposes-Form No 10B-Audit report-Delay condoned by CIT(E)-Denial of exemption is not justified-Return filed under section 139(4)-Exemption cannot be denied-Provisions of section 13(9) would attract only when assessee claims benefit of section 11(2) and its scope would not extend to other sub-sections of section 11. [S. 12A (1)(ba), 13(9), 139(1), 139 (4),13(9), Form No.10B]