JAMIA DINEEA MANCHURIA MADRASSA,GOALPARA, ASSAM vs. ACIT CIR-2, GUWAHATI, GS ROAD, GUWAHATI
What did the Tribunal hold?
The Tribunal held that the delay in filing the audit report (Form 10B) is a procedural lapse and not vital enough to deny the exemption under Section 11. Therefore, the exemption should be allowed.
What were the facts?
The assessee, a registered trust, claimed exemption under Section 11. The AO disallowed this exemption due to the late filing of the audit report (Form 10B) by 17 days. The CIT(A) upheld this disallowance.
What were the issues?
Whether a delay in filing the audit report (Form 10B) can lead to the denial of exemption under Section 11 of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 11,Section 143(1),Section 139(1),Section 12A(1)(ac)(i)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘GUWAHATI’ BENCH, GUWAHATI’
O R D E R Per Rajesh Kumar, AM:
This appeal is preferred by the assessee against the order of the Commissioner of Income Tax, Appeal (hereinafter referred to as the “Ld. CIT(A)”] dated 21.10.2024 for the AY 2021-22.
The only issue raised by the assessee is against the order of ld. CIT (A) upholding the order passed u/s 143(1) of the Act by the ld. AO, CPC, thereby confirming the addition of ₹49,69,022/-.
The facts in brief are that the assessee is a registered Trust and filed the return of income u/s 139(1) of the Act on 04.03.2022, declaring total income at ₹ nil. The assessee’s trust is registered u/s
Before the first appellate authority, the assessee contended that this delay is only a procedural delay and is not vital to claim the deduction u/s 11 of the Act. However, the appeal was dismissed by the ld. CIT (A).
After hearing the rival contentions and perusing the materials available on record, we find that the only reason cited for disallowing the claim of deduction u/s 11 of the Act by the ld. CIT (A) was only late filing of Form 10B while the due date of filing the Form 10B was 15.02.2022. The said for was filed on 04.03.2022 well before processing of the return. Now, the issue before us is whether there was late filing of audit form 10B which would deprive the trust from claiming the deduction u/s 11 of the Act. In our opinion, the delay in filing the audit form 10B is not vital and accordingly, the exemption u/s 11 of the Act cannot be denied to the trust. The case of the assessee find support from the decisions of M/s Gangji Shamji Chedda (Princewala) Chartable Trust Vs. DCIT, in Hari Gyan Pracharak Trust Vs. The DCIT in Gyandeep Charitable Trust Vs. ADIT in ITA No. 555/AHD/2023. In all the above decisions, it has been held that the delay in filing the audit report is just a procedural lapse on the part of the assessee and it would not result in any rejection of claim u/s 11 of the Act. Accordingly, we set aside the order of ld. CIT (A) and direct the ld. AO
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 28.07.2025.
More judgments on Section 11
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- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 531/NAG/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
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