THE CROP IMPROVEMENT SOCIETY OF INDIA,DEPARTMENT OF PLANT BREEDING AND GENETICS vs. INCOME TAX EXEMPTIONS, INCOME TAX JALANDHAR

ITA 221/ASR/2025Status: DisposedITAT Amritsar06 May 2026AY 2023-2416 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that while filing the audit report is mandatory, the act of filing is procedural. Since the audit report was available with the AO at the time of processing the return, it should have been considered. The Tribunal also noted a beneficial CBDT circular issued after the rejection order.

What were the facts?

The assessee, a charitable trust, filed its return belatedly and also filed its statutory audit report (Form 10BB) beyond the due date. An application for condonation of delay in filing the audit report was rejected. The Assessing Officer denied the exemption claimed under Section 11 due to the non-filing of the audit report within the prescribed time.

What were the issues?

Whether the exemption under Section 11 can be denied solely on the ground of belated filing of the audit report (Form 10BB), especially when the report was available to the AO during processing and a beneficial circular was issued later.

Which sections of the Income-tax Act were involved?

Section 11,Section 12A(1)(b),Section 119(2)(b),Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.

Before: SH. UDAYAN DASGUPTA & SH. KRINWANT SAHAY

Hearing: 18.02.2026Pronounced: 06.05.2026

Per: Udayan Dasgupta, J.M.: This appeal is filed by the assessee against the order of ld. Addl./JCIT(A)-5, Mumbai, passed u/s 250 of the IT Act, 1961, dated 30.01.2025 which has emanated from the order of AO, CPC, passed u/s 143(1) of the Act, dated 29.10.2024. 2. The grounds of the appeal in Form 36 which are as under: 2 Assessment Year: 2023-24

“1. That the order of the LD ADDL/JCIT (A) affirming the order of the Ld. Assessing Officer is bad in law and is far from the facts.

2.

That the LD ADDL/JCIT (A) is misguided by relying upon the Apex Court judgment delivered in the case of Pr. CIT v. Wip

The order continues below.

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