RAVI RISHI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(4), HYDERABAD
What did the Tribunal hold?
The Tribunal held that the delay in filing Form 10B/10BB was due to reasonable causes like the COVID-19 pandemic and search operations. It also noted that the assessee had applied its entire receipts for charitable purposes, and the time limit for filing the audit report is directory, not mandatory.
What were the facts?
The assessee, an educational society, claimed exemption under sections 11 and 12 of the Income Tax Act. The return was processed under section 143(1) denying the exemption due to non-filing of the audit report in Form-10B/10BB within the prescribed time. The CIT(A) dismissed the appeal as the DGIT(Inv) rejected the condonation of delay application.
What were the issues?
Whether the delay in filing the audit report in Form 10B/10BB can be condoned due to reasonable cause and pandemic effects, and if the entire receipts are to be treated as income upon non-compliance with procedural requirements.
Which sections of the Income-tax Act were involved?
Section 143(1),Section 11,Section 12,Section 271D,Section 154,Section 250,Section 269SS,Section 269T,Section 269ST
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Cases cited in this judgment(4)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- 441 ITR 722162 citing441 ITR 722 · 2022 · SC
- CIT v. Hissaria Bros.132 citing291 ITR 244 · 2007 · HC
- CIT v. Jai Laxmi Rice Mills110 citing379 ITR 521 · 2015 · SC
- Grandhi Sri Venkata Amarendra v. JCIT18 citing167 Taxmann.com 352 · 2024 · HC
Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad
Before: SHRI VIJAY PAL RAO & SHRI MANJUNATHA G.
PER VIJAY PAL RAO, VICE PRESIDENT :
These four appeals by the Assessee are directed against the four separate Orders of the learned CIT(A). The appeals in ITA Nos.972 and 973/Hyd/2024 are directed against the two separate Orders both dated 27.08.2024 of the learned CIT(A)-12, Hyderabad arising from the processing of the return of income u/sec.143(1) of the Income Tax Act [in short "the Act"], 1961 for the assessment years 2019-2020 and 2020-2021, respectively. The appeals ITA.No.130
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