MARWARI PANCHAYETI DHARAMSHALA,KOLKATA vs. I.T.O., EXEMPTION, WARD - 1(4), KOLKATA

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ITA 849/KOL/2025Status: DisposedITAT Kolkata12 September 2025AY 2023-241 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Form 10BB was filed within the extended due dates notified by the CBDT. Therefore, the AO was directed to allow the application of income of Rs.1,25,18,776/- to the assessee trust as claimed.

What were the facts?

The appellant trust filed its audit report in Form 10BB on 16.3.2024. Although this was after the initial due date, the CBDT had extended the filing deadline multiple times, first to 31.3.2024 and then to 10.11.2024. The AO CPC and CIT(A) did not accept the assessee's claim.

What were the issues?

Whether the belated filing of Form 10BB, which falls within the extended due dates notified by CBDT, should be accepted for allowing the application of income under Section 12A of the Act.

Which sections of the Income-tax Act were involved?

Section 12A

AI-generated summary — verify with the full judgment below

3.

I have heard the rival submissions and perused the record of the case. The appellant trust had filed audit report in Form 10BB on 30.9.2023. Later on, Form 10BB was filed on 16.3.2024. The assessee trust is registered u/s.12A of the Act. The due date of filing Form 10BB had been extended during the impugned assessment year by CBDT vide circular No.2/2024 dated 5.3.2024 to mitigate the hardship of the trust by extending the date of filing the Form 10BB upto 31.3.2024, which was again extended upto 10.11.2024 vide CBDT order dated 7.10.2024. Thus, I find that the audit report in Form 10BB was filed within the due date. Considering all these facts on record, I am unable to subscribe to the conclusion arrived at by the AO CPC as also by the ld CIT(A) on this. Accordingly, I direct the AO to allow the application of income of Rs.1,25,18,776/- to the assessee trust as claimed.

4.

In the result, appeal of the assessee is allowed.

Order dictated and pronounced in the open court on 12/09/2025.

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