AAS,INDORE vs. EXEMPTION WARD INDORE, INDORE

ITA 316/IND/2025Status: DisposedITAT Indore21 May 2026AY 2022-2312 pages
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What did the Tribunal hold?

The Tribunal held that the delay in filing Form 10B is a procedural and directory requirement, not a fatal one. The exemption under Sections 11 & 12 cannot be denied solely on the ground of delayed filing of the audit report, especially when it was filed before the intimation order and signed within the prescribed time.

What were the facts?

The assessee, registered under Section 12AA, filed its return of income claiming application of income under Sections 11 & 12. However, the audit report in Form 10B was filed after the due date, leading to the denial of exemption by the CPC and CIT(A). The assessee argued that the delay was venial and the report was signed within time.

What were the issues?

Whether the denial of exemption under Sections 11 & 12 for delayed filing of Form 10B is justified, and if the delay is a procedural or substantive breach.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 12A(1)(b),Section 139(1),Section 143(1),Section 250,Section 253

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 11.05.2026Pronounced: 21.05.2026

Per Paresh M Joshi, J.M.:

This is an Appeal filed by the Assessee under section 253 of the income tax Act 1961, [hereinafter referred to as the Act

for the sake of brevity] before this tribunal as and by way of a second appeal. The Assessee is aggrieved by the order

bearing No:-ITBA/APL/S/250/2024-25/1072778289(1)

dated 31.01.2025 passed by the Ld. CIT (A) u/s 250 of the Act, which is hereinafter referred to as the “Impugned

Order”. The Relevant Assessment year is 2022-23 and the AAS ITA No. 316/Ind/2025 - A.Y.2022-23 corresponding previous year period is from 01.04.2021 to 31.03.2022. 2. Factual Matrix

2.

1 That as and by way of an “Intimation Order” made u/s 143(1) of the act, the total Income

The order continues below.

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