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Facts
The assessee's appeal for AY 2016-17 arose from an order confirming assessment proceedings under Section 154. The delay in filing the appeal was condoned. The core issue was the disallowance of Section 11 benefits due to belated filing of Form 10B.
Held
The Tribunal held that the belated filing of Form 10B is a directory, not a mandatory, provision, based on the case law CIT vs. Xavier Kelavani Mandal. Therefore, the disallowance of Section 11 benefits solely on this ground was incorrect.
Key Issues
Whether the belated filing of Form 10B can be a sole reason for disallowing benefits under Section 11 and 12 of the Income Tax Act, 1961.
Sections Cited
154, 11, 12, 139(1), 234A, 234B, 244A
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Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1068746998(1), dated 17.09.2024 involving proceedings under section 154 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
The delay of 131 days in filing the assessee’s instant appeal is condoned in light of larger interest of justice as well as Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).
This assessee’s appeal raises the following substantive grounds: “1. That the order of the Commissioner of Income Tax Appeals, National Faceless Appeal Centre u/s 250 in confirming the assessment passed u/s 154 of the Income Tax Act' 1961 (hereinafter referred to as the "Act") is contrary to the facts and law on the point.
2. That on the facts and circumstances of the case and in law, the Commissioner of Income Tax Appeals, National Faceless Appeal Centre has erred in disallowance of the benefit u/s 11 of the Act even after filing of Form 10B, though filed after return but before the finalization of assessment by Assessing Officer, merely on surmises and conjectures.
3. That on the facts and circumstances of the case and in law, whether can it be said that merely belated filing of Form 10B render the disallowance of all the benefits allowable to the appellate Charitable Organization u/s 11 & 12 of the Act.
That on the facts and circumstances of the case and in law, whether can it be said that merely belated filing of Form 10B render all the expenses incurred by the appellate Society applied towards the main object of the Society as disallowable.
That any consequential relief to which the appellant may be entitled under the foregoing grounds, including relief, in the levy of interest u/s 234A, 234B, 244A of the Act may be granted. That the appellant craves leave to add, alter, amend, vary or delete any/all the Grounds of Appeal
during the course of appellate proceedings.
4. A perusal of the assessee’s above extracted pleadings indicates that both the learned lower authorities have refused to its section 11 exemption claim for the sole reason of belated filing of tax audit report Form 10B, on or before the due date of filing of section 139(1) return. The Revenue’s case accordingly is that the