EHSAAS,GWALIOR vs. CIT (APPEALS), NFAC (DELHI)

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ITA 5/AGR/2023Status: DisposedITAT Agra12 February 2025AY 2015-162 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 the filing of Form 10B is a directory rather than a mandatory provision. Since the assessee filed the report before the processing under Section 143(1), they are eligible for Section 11 exemption.

What were the facts?

The assessee claimed exemption under Section 11, but the lower authorities rejected it for failing to file the tax audit report in Form 10B by the due date. The assessee had filed the report before the processing under Section 143(1).

What were the issues?

Whether the failure to file Form 10B by the due date disentitles the assessee from claiming exemption under Section 11. Whether the filing of Form 10B is a mandatory or directory requirement.

Which sections of the Income-tax Act were involved?

Section 11,Section 139(1),Section 143(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, SMC BENCH, AGRA

Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL

For Respondent: DR |

IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH, AGRA

BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER & SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER

ITA No. 5/Agr/2023 (Assessment Year 2015-16)

Ehsaas, | Vs. | CIT(A)/NFAC, G-192, Anhantam, Patel | Delhi Nagar, Gwalior, Madhya Pradesh-474001 ˕ायीलेखासं/ .जीआइआरसं/ .PAN/GIR No: AAATE1715G Appellant | Respondent

Appellant by : | Sh. Alok Dhingra, Adv. Respondent by : | Sh. Shailender Shrivastava, Sr. DR

Date of Hearing | 12.02.2025 Date of Pronouncement | 12.02.2025

ORDER

PER SATBEER SINGH GODARA, JUDICIAL MEMBER:

This assessee's appeal for assessment year 2015-16 arises against Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre [in short, the "CIT(A)/NFAC"], Delhi's DIN and Order No. ITBA/NFAC/S/250/2022-23/1046448981(1) dated 21.10.2022, involving proceedings u/s 154 of the Income-tax Act, 1961, [hereinafter referred to as the 'Act'].

2.

Heard both the parties at length. Case file perused.

- 3. It emerges during the course of hearing that both the lower authorities have rejected the assessee's section 11 exemption claim on account of it's failure in filing/uploading the prescribed tax audit report in Form 10B on or before the "due" date of filing return u/s 139(1) of the Act. The Revenue vehemently submits that it was indeed incumbent for the assessee to file it's above tax audit report within the prescribed time so as to treated as eligible section 11 exemption. - 4. We have given our thoughtful consideration to the assessee's and Revenue's respective stands against and in support of the impugned disallowance. Suffice to say, case law CIT Vs. Xavier Kelavani Mandal (P.) Ltd. (2014) 41 taxmann.com 184 (Guj.) has already settled the issue n assessee's favour and against the department that the above compliance of Form 10B is a directory than a mandatory provision. We further reiterate the fact that the assessee herein had very well file/uploaded it's tax audit report before the processing done u/s 143(1) of the Act (supra). That being the case, we hold that the assessee is indeed eligible for section 11 exemption and direct the learned Assessing Officer to finalize afresh computation as per law. - 5. The assessee's appeal is allowed.

Order pronounced in the open court on 12.02.2025

Sd/- (Manoj Kumar Aggarwal) ACCOUNTANT MEMBER JUDICIAL MEMBER

Sd/- (Satbeer Singh Godara )

Dated 12.02.2025 PS: Rohit/Subodh, Sr. PS

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