GOBIND RAM GOEL CHARITABLE TRUST,KOLKATA vs. ITO, WARD 1(1), EXEMPTION, KOLKATA

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ITA 395/KOL/2021Status: DisposedITAT Kolkata09 February 2022AY 2017-182 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the delay in filing Form 10B was condoned by the competent authority, there was no justification for denying the deduction under Section 11. The impugned order of the CIT(A) was quashed.

What were the facts?

The assessee trust filed its return of income without the mandatory Tax Audit Report (Form 10B). Although the report was filed later before the completion of assessment, the CPC disallowed the deduction under Section 11 of the Income Tax Act.

What were the issues?

Whether the disallowance of deduction under Section 11 is justified when the delay in filing the Tax Audit Report (Form 10B) has been condoned.

Which sections of the Income-tax Act were involved?

Section 11,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SRI SANJAY GARG & SRI RAJESH KUMAR

order

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