BALLYGUNJ SOCIETY FOR CHILDREN IN PAIN CHIP,KOLKATA vs. I.T.O.(EXEMPTION), WARD - 1(2), KOLKATA, KOLKATA

The brief facts of the case are that the assessee is a charitable society registered u/s 12A of the Act. The assessee claimed deduction u/s 11 of the Act in respect of income spent on charitable purposes. However, the Assessing Officer/CPC disallowed the expenditure spent towards charitable purposes for delay in filing of form 10B. The CIT(A) confirmed the additions so made by the Assessing Officer. Assessment year: 2020- Ballygunj Society For Children In Pain Chip 3. Before us, the ld. counsel for the assessee has, at the outset, furnished the copy of the order of the CIT(Exemption) dated 28.11.2022, whereby, the ld. CIT(Exemption) has condoned the delay of 32 days in filing form 10B to the assessee. In view of the above circumstances, the ld. counsel has submitted that since the delay in filing the Form 10B has been condoned by the competent authority, therefore, the Assessing Officer may be directed the allow the admissible deduction to the assessee u/s 11 of the Act as a charitable institution. Considering the above factual position, the Assessing Officer is directed to process the return of income of the assessee and allow the admissible deductions in accordance with law irrespective of any delay of filing of Form 10B, the delay since stood condoned by the ld. CIT(Exemption).