Assessee-trust claimed exemption under section 11. Assessing Officer by an intimation order under section 143(1)(a) disallowed claim on grounds that section 12A registration number was not mentioned and Form No. 10B (audit report) was not furnished one month prior to due date of filing of return of income under section 139(1).CIT(A) affirmed the order of the AO. On appeal the Tribunal held that since assessee is granted registration under section 12A during pendency of assessment proceedings and Form No. 10B is available with CPC while processing return, assessee is entitled to exemption under section 11. (AY. 2021-22)
Sirur Shikshan Prasarak Mandal. v. ACIT (2024) 208 ITD 739 (Pune) (Trib.)
S. 11 : Property held for charitable purposes-Intimation-Form 10B was filed-Failure to mention 12A registration-Adjustment is bad in law-Entitle to exemption. [S. 12A,139(1), 143(1)(a), R.17B, Form 10B]