Shree Rajendra Jayant Jain vs. Income Tax Officer - (Income Tax Appellate Tribunal) (23 Jun 2023)

Assessee can't be denied the benefit of exemption under Section 11 of IT Act for mere delay in filing of audit-report

MANU/II/0074/2023

Direct Taxation

The assessee is a charitable/religious trust, engaged in carrying out charitable/religious activities, registered under Section 12A/12AA of the Income-tax Act, 1961 (IT Act) and entitled for exemption under Section 11/12 of IT Act; accordingly it claimed exemption. When the AO processed intimation of assessment under Section 143(1), he did not allow exemption under Section 11/12 of IT Act for the reason that, the audit report (Form No. 10B) was not filed by assessee with return of income. Getting no success at the level of AO, the assessee went in first-appeal to CIT(A). But even at that stage, the assessee did not get any relief.

The question raised in present appeal is whether or not the assessee was entitled for exemption under Section 11/12 of IT Act as claimed in the return of income, when the audit-report (Form No. 10B) was filed after filing of return but before processing under Section 143(1) of IT Act?

The controversy is directly settled in favour of assessee by decision in Savitri Foundation vs. ITO where the Mumbai ITAT, following the decision of Mumbai High Court in CIT vs. Mumbai Metropolitan Regional Iron & Steel Market Committee has observed that, non-filing of Audit Report in Form 10B along with Return of Income is merely a procedural defect which is rectifiable. If the Audit Report was available with the assessee at the time of filing of Return of Income and was not filed due to bonafide reasons the benefit of exemption under Section 11 of IT Act cannot be denied if otherwise assessee is eligible to claim the same.

Bombay High Court in the case of CIT vs. Mumbai Metropolitan Regional Iron & Steel Market Committee has held that, late filing of required documents would not disentitle the assessee from availing benefit of Section 11 of the IT Act.

In view of ratio of decisions, present Tribunal is of the view that in the present case, the assessee can't be denied the benefit of exemption under Section 11 of IT Act as claimed in the return of income for mere delay in filing of audit-report. Therefore, matter remitted back to the file of AO for a fresh assessment after considering the audit-report filed by assessee, in accordance with law. Appeal allowed.

Tags : ASSESSMENT EXEMPTION BENEFIT