SRI GOPIRAM SARAF SEVA TRUST,CHENNAI vs. DY. /ASST. COMMISSIONER OF INCOME TAX, CPC, BENGALORE, BANGALURU.

The only issue in this appeal of the assessee is against

I have heard rival contentions and gone through facts and circumstances of the case. The assessee trust is an educational trust registered u/s.12AA of the Act. The Assessing Officer, during the course of assessment proceedings noticed that the assessee failed to file audit report in Form No.10B for relevant assessment year 2017-18 as on due date of filing of return of income u/s.139(1) of the Act and hence, the assessee is not eligible for claim of exemption u/s.11 of the Act on the income of Rs.25,15,505/-. Aggrieved, the assessee preferred an appeal before the CIT(A).

The CIT(A) also confirmed action of the Assessing Officer by observing that the assessee failed to file audit report in Form No.10B in time. Aggrieved, now the assessee is in appeal before the Tribunal.

I noted from the facts of the case that the assessee filed audit report in Form No.10B for relevant assessment year 2017- 3 18 on 17.10.2017, but before the due date of filing for return vide e-filing acknowledgement No.246794991171017 i.e., two days after filing of return of income on 14.10.2017 due to technical glitch in the income-tax portal. It means that the assessee failed to file audit report in Form No.10B along with return of on 14.10.2017 and actually, it was filed only on 17.10.2017, but before due of filing of return of income u/s.139(1) of the Act. The delay in filing audit report in Form No.10B i.e., not filed along with return of income is due to technical glitch in the income tax portal. It is seen that these are initial years for filing of audit report in portal through e-filing and in similar circumstances, the co-ordinate Bench of the ITAT., Mumbai in dated 29.09.2022 in the case of Savitri Phule Dattak Palak Sudhari Yojanna Nidhi Brihanmumbai Vs. CPC., Bangalore has considered this issue vide para 9 &10 as under:-

"9. Moreover, the proviso to section 143(1)(a) of the Act specifically provides that no adjustment shall he made unless (as specified in clause (a) to section 143(1) of the Act) intimation is given to the assessee trust of such adjustment either in writing or in electronic mode and in case response is not received within 30 days the adjustment can be made. So in this case no notice whatsoever has been given to the assessee.

In view of what has been discussed above, I am of the 4 considered view that the order passed by the Ld. CIT(A) is not sustainable in the eyes of law, hence set aside. The AO is directed to grant the deduction claimed by the assessee trust under section 11 of the Act, by considering audit report in form 10B after due verification. Resultantly, appeal filed by the assessee is allowed."

From the above, it is clear that the assessee has filed audit report on 17.10.2017 which can be verified by the Assessing Officer. Hence, on principle, I allow claim of exemption, but subject to verification by the Assessing Officer .