SHREE SHREE RAMKRISHNA SAMITY,,SILIGURI vs. CENTRALIZED PROCESSING CENTER, INCOME TAX DEPARTMENT,, BENGALURU

Facts

The assessee filed an appeal against the order of the Ld. Addl./JCIT(A)-1 for AY 2023-24. The assessee's return of income and Form 10B were filed on 14.11.2023, one day after the due date of 13.11.2023. The CPC, through an intimation u/s.143(1), denied the benefit of exemption u/s.11 & 12 citing the belated filing of Form 10BB. An adjournment application by the assessee's AR was rejected due to lack of signature and email submission.

Held

The Tribunal noted that the audit report (Form 10BB) was available with the Assessing Officer when the return was processed, categorizing the delay as a technical breach. Following precedents, the Tribunal held that such technical glitches cannot lead to denial of exemption u/s.11 & 12, especially in an intimation u/s.143(1). Consequently, the intimation issued u/s.143(1) was quashed, and the assessee's appeal was allowed.

Key Issues

Whether a delay in filing Form 10BB, where the report is available with the Assessing Officer, can result in the denial of exemption under Sections 11 and 12 through an intimation under Section 143(1).