MADHU DEVI SARAF EDUCATONAL TRUST,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3),, KOLKATA

ITA 2160/KOL/2025Status: DisposedITAT Kolkata28 January 2026AY 2023-2024Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)1 pages
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What did the Tribunal hold?

The tribunal held that filing of the audit report (Form 10B) is a procedural issue, not a substantive one. The delay in filing the correct form should be condoned, and the AO should consider the correct form filed on 23/01/2025. The Gujarat High Court's decision in Association of Indian Panelboard Manufacturer was cited.

What were the facts?

The assessee filed its return of income with Form 10B on 04/10/2023, which was later found to be incorrect. A correct Form 10B was filed on 23/01/2025, but the Assessing Officer (AO) denied exemption under Sections 11 & 12 of the Act, considering the initial filing delayed. The assessment was completed under Section 143(3) without considering the correct form.

What were the issues?

Whether the AO can deny exemption under Sections 11 & 12 due to the procedural delay in filing the correct audit report (Form 10B), and whether the filing of the correct form on a later date should be considered.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 119,Section 143(3),Section 119 2(b)

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Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

Hearing: 28/01/2026Pronounced: 28/01/2026

Per George Mathan, JM : This is an appeal filed by the assessee against the order dated 29.08.2025, passed by the Id. CIT(A), Kolkata-21, for the assessment year 2023-2024. 2. It was submitted by the Ld.AR that the assessee had filed its return of income along with the necessary form 10B. The Form 10B was originally filed on 04/10/2023. The due date for the filing the return was 31/10/2023. It was submission that the form filed on 04/10/2023 was a wrong from and consequently the AO had denied the assessee

The order continues below.

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