SRI JAGADGURU SHIVANAND HUMAN WELFARE ASSOCIATION,GADAG vs. INCOME TAX OFFICER, (EXEMPTIONS), WARD-1, HUBBALI

The assessee is a charitable trust and obtained registration u/s. 12 of the Income Tax Act, 1961 (the Act). The assessee filed return of income for AY 2022-23 on 06.11.2022 declaring Nil income. The return was processed u/s. 143(1) of the Act by the CPC in which the entire gross receipts of Rs. 50,67,850/- claimed by the assessee as exempt u/s. 11 of the Act was disallowed. The reason for the denial of benefit u/s. 11 was that the assessee did not file Form 10B within the time limit prescribed. On further appeal the ld. CIT(A) upheld the disallowance stating that the CIT(A) does not have the

We have heard the rival contentions and perused the material on record. The benefit of exemption u/s. 11 is denied to the assessee for the reason that the assessee has not filed Form 10B within the time limit prescribed. During the course of hearing it is brought to our attention that the assessee has filed a petition for condoning the delay in filing Form 10B belatedly before the CIT (Exemption). Considering the facts of the present case we deem it fit to remand the appeal back to the CIT(A) with a direction of consider the appeal based on the outcome of the petition filed by the assessee before the CIT(E) for condoning the delay in filing Form 10B and decide in accordance with law. It is ordered accordingly.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 23rd October, 2024.