CIT v. Shahzadanand Charity Trust

228 ITR 292High Court1997#1849 most cited

What is CIT v. Shahzadanand Charity Trust authority for?

The requirement to furnish an audit report along with the return of income under Section 12A(1)(b) is directory, not mandatory. An assessee can submit the audit report at a later stage before the Income Tax Officer or appellate authority if sufficient cause is shown, and delay in furnishing it should not lead to denial of exemption under Section 11.

62

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2017 to 2026.

Also referred to as

CIT v. Shahzadanand Charity Trust · section 11 · section 12A(1)(b) · audit report delay · charitable exemption · directory provision · substantial compliance · appellate proceedings · condonation of delay

Also reported as

96 Taxmann 494

Sections most often in play

Section 11Section 143(1)Section 139(1)Section 12Section 12ASection 12AASection 119(2)(b)Section 250

Issues it is cited on

section 12a(b)section 80j(6a)section 139(4a)recognised provident fundapproved superannuation fundsection 12a(1)(b)section 11 exemptionsection 124(1)section 10(22)section 10b(8)approved gratuity fundsection 36(1)(v)

Judgments citing CIT v. Shahzadanand Charity Trust

Ada Atham Darji Pragati Mandal, Mumbai vs. Deputy Commissioner of Income Tax, Centralized Processing Centre, Bengaluru

Appeal of the assessee is allowed

ITA 2684/MUM/2024[2020-21]Status: DisposedITAT Mumbai08 Oct 2024AY 2020-21

Bench: Shri Prashant Maharishi, Am & Shri Raj Kumar Chauhan, Jm A.Y.2020-21 Ada Atham Darji Pragati Deputy Director Of Mandal, Income Tax, Cpc, A2 Anand Nagar, Forjett Bengaluru, Street, Vs. Mumbai 400036 (Appellant) (Respondent) Pan Aaata 5671P Assessee By Shri Bhupendra Karkhanis Revenue By Shri Manoj Kumar Sinha, Senior (Dr) 18Th July, 2024 Date Of Hearing 08Th October, 2024 Date Of Pronouncement

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

…substantial compliance would suffice. In that case, the assessee had not produced the audit report alongwith the return of income, but produced before completion of the assessment. The Punjab and Haryana High Court in CIT v. Shahzadanand Charity Trust [(1997) 228 ITR 292] has reiterated the same principle holding that the benefit of exemption should not be denied merely in account of delay in furnishing the same, and it is permissible for the assessee to produce the audit report at a later stage either before the Income-tax Officer or before the appellate authority by showing a sufficient cause. This decision of…

Malwa Patidar Samaj Shiksha Samiti, Hatpipliya vs. ADIT, CPC, Bengaluru

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 140/IND/2024[2020-2021]Status: DisposedITAT Indore12 Sept 2024AY 2020-2021

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimalwa Patidar Samaj Shiksha Adit, Cpc Samiti Bangaluru Hatpiplya Tehsil Bagli Vs. Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabam4373Q Assessee By Mrs. Nisha Lahoti, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 10.09.2024 Date Of Pronouncement 12 .09.2024

Section 10Section 119(2)(b)Section 139(1)Section 143(1)

…substantial compliance would suffice. In that case, the assessee had not produced the audit report alongwith the return of income, but produced before completion of the assessment. The Punjab and Haryana High Court in CIT v. Shahzadanand Charity Trust [(1997) 228 ITR 292] has reiterated the same principle holding that the benefit of exemption should not be denied merely in account of delay in furnishing the same, and it is permissible for the assessee to produce the audit report at a later stage either before the Income-tax Officer or before the appellate authority by showing a sufficient cause. This decision of…

B R Hospital and Resarch Institute, New Delhi vs. ITO, Ward-Exemption 1(3), Delhi

In the result, appeal filed by the assessee is partly allowed as

ITA 1336/DEL/2024[2018-19]Status: DisposedITAT Delhi31 Jul 2024AY 2018-19

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member)

Section 10BSection 11Section 143(1)Section 234BSection 37

…B R Hospital and Research Institute vs. ITO case, the assessee had not produced the audit report along with the return of income, but produced before completion of the assessment. The Punjab and Haryana High Court in CIT v. Shahzadanand Charity Trust [1997] 228 ITR 292 has reiterated the same principle holding that the benefit of exemption should not be denied merely on account of delay in furnishing the same, and it is permissible for the assessee to produce the audit report at a later stage either before the Income Tax Officer or before the appellate authority by showing a sufficient cause. This decision of P…

Arathi Vinay Patil, Bangalore vs. Income Tax Officer, Ward-4(3)(4), Bengaluru

In the result, appeal of the assessee is allowed

ITA 604/BANG/2024[2019-20]Status: DisposedITAT Bangalore13 May 2024AY 2019-20

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year: 2019-20

For Appellant: Smt. Suman Lunkar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 115JSection 139(1)Section 143(1)Section 234ASection 44ASection 80Section 801ASection 80I

…t proceedings. In this regard, the assessee relied on following case laws: 1. PCIT VS Surya Merchants Ltd. [2016] 72 taxmann.com 16 (Allahabad) 2. CIT v. ACE Multitaxes Systems (P.) LTd. v. [2009] 317 ITR 207 (KAR) 3. CIT v. Shahzedanand Charity Trust [1997] 228 ITR 292/[1998] (Punjab and Haryana) 4. Murali Export House v. CIT [1999] 238 ITR 257 (Calcutta) 5. CIT v. Contimeters Electricals (P.) Ltd. [2009] 317 ITR 249/178 Taxman 422 (Delhi) 6. CIT v. Medicaps Ltd. [2010] 323 ITR 554 .(Madhya Pradesh) 2.16. The assessee submitted that his case is much stronger as there is no delay either in filing the return of…

Dushkal Go Sewa Samiti, Sumerpur vs. ITO (Exemption), Jodhpur

In the result, both the appeals of the assessee are allowed

ITA 9/JODH/2022[2017-18]Status: DisposedITAT Jodhpur06 Oct 2023AY 2017-18
Section 11Section 139(9)Section 143(1)Section 143(1)(a)Section 154

…compulsion to file the Form-10B online and accordingly, all the expenditures should be allowed as for A.Y. 2018-19 , Online filing was optional. (I) Further, The decision of the Hon’ble P&H High Court in the case of CIT vs. Shahzedanand Charity Trust – (1997) 228 ITR 292 (PH) (P.B. No. 25 - 29) clearly shows that the Hon’ble P&H High Court has categorically held that the audit report u/s.12A(1)(b) of the Act can be filed even at the appellate stage. Thus, clearly, the Hon’ble P&H High Court has held that the filing of the audit report alongwith the return as per provisions of section 12A(1)(b) of the Act is not m…

Dushkal Go Sewa Samiti, Sumerpur vs. ITO (Exemption), Jodhpur

In the result, both the appeals of the assessee are allowed

ITA 5/JODH/2022[2018-19]Status: DisposedITAT Jodhpur06 Oct 2023AY 2018-19
Section 11Section 139(9)Section 143(1)Section 143(1)(a)Section 154

…compulsion to file the Form-10B online and accordingly, all the expenditures should be allowed as for A.Y. 2018-19 , Online filing was optional. (I) Further, The decision of the Hon’ble P&H High Court in the case of CIT vs. Shahzedanand Charity Trust – (1997) 228 ITR 292 (PH) (P.B. No. 25 - 29) clearly shows that the Hon’ble P&H High Court has categorically held that the audit report u/s.12A(1)(b) of the Act can be filed even at the appellate stage. Thus, clearly, the Hon’ble P&H High Court has held that the filing of the audit report alongwith the return as per provisions of section 12A(1)(b) of the Act is not m…

Jeevan Kalyana Sadhan Kendra, Nuapada vs. ITO (Exemption), Sambalpur

In the result, appeal of the assessee stands allowed

ITA 73/CTK/2022[2015-16]Status: HeardITAT Cuttack02 Mar 2023AY 2015-16

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 Jeevan Jeevan Kalyana Kalyana Sadhana Sadhana Vs. Ito (Exemption), Ito (Exemption), Kendra, Nuapada. Kendra, Nuapada. Sambalpur Sambalpur Pan/Gir No. Pan/Gir No.Aaaaj 9932 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Natabar Panda, Ar Natabar Panda, Ar Revenue By : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr Dr Date Of Hearing : 02 /0 03/2023 Date Of Pronouncement : 02 /0 /03/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee This Is An Appeal Filed By The Assessee Against The Order Of The Ld Against The Order Of The Ld Cit(A), , Nfac, Nfac, Delhi, Delhi, Dated10.3.2022 In Appeal No.Itba/Nfac/S/250/2021 Itba/Nfac/S/250/2021-22/1040548106(1) For The Assessment Year For The Assessment Year 2015-16. 2. Shri Natabar Panda, Ld Ar Appeared For The Assessee & Shri Shri Natabar Panda, Ld Ar Appeared For The Assessee & Shri Shri Natabar Panda, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. S.C.Mohanty, Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri Natabar Panda, ARFor Respondent: Shri S.C.Mohanty, Sr
Section 12A

…cision of the Hon’ble Karnataka High Court in the case of CIT vs ACE Multitaxes Systems Pvt Ltd., (2009) 317 ITR 207 (Kar), wherein, the Hon’ble High Court following the decision of the Hon’ble P&H High Court in the case of CIT vs. Shahzedanand Charity Trust, 228 ITR 292 (P&H), wherein, it has been held that the audit report u/s.12A(b) which is the audit report in Form 10B can be furnished at the appellate stage also, has held that the audit report having been filed, the assessee is entitled to deduction 80IB of the Act. P a g e 3 | 5 Assessment Year : 2015-16 5. In reply, ld Sr DR relied upon the decision of t…

Santh Bhagwanbaba Shikshan Mandal, Latur vs. Income-Tax Officer (Exemption), Nanded

The appeal of the assessee is allowed in terms of our aforestated observation

ITA 554/PUN/2021[2016-17]Status: DisposedITAT Pune12 Aug 2022AY 2016-17

Bench: Shri Partha Sarathi Chaudhary & Shri G. D. Padmahshaliआयकर अपीलसं. / Ita No. 554/Pun/2021 करिनधा"रण वष"/ Assessment Year :2016-17 Sant Bhagwanbaba Shikshan Mandal Phule Nagar, Ahmadpur, Dist. Latur. . . . . . . . अपीलाथ" / Appellant Pan :Aacts 5514 P बनाम / V/S. Income Tax Officer (Exemption), . . . . . . . ""यथ" / Respondent Nanded – 431 601. "ारा / Appearances Assessee By : Mrs J. R. Chandekar Revenue By : Shri M. G. Jasnani सुनवाई क" तारीख / Date Of Conclusive Hearing :12/08/2022 घोषणा क" तारीख / Date Of Pronouncement :12/08/2022 आदेश / Order Per G.D. Padmahshali, Am; The Present Appeal Of The Assessee Filed Against The Order Of Commissioner Of Income Tax(Appeals), Nfac [For Short “Cit(A)”] Dt. 24/03/2017 Passed U/S 250, Which In Turn Sprung Out Of Assessment Order Of Income Tax Officer (Exemption), Nanded [For Short “Ao”] Dt. 02/11/2018

For Appellant: Mrs J. R. ChandekarFor Respondent: Shri M. G. Jasnani
Section 11Section 11(2)Section 12ASection 12A(1)(b)Section 142(1)Section 143(2)Section 143(3)Section 250

…d, the said condition of filing audit report has been held by Hon’ble Courts to be merely procedural and therefore directory in nature and not mandatory for the purpose of claiming exemption u/s 11 & 12 of the Act [CIT Vs Sahzadanand Charity Trust reported in 228 ITR 292]. 13. In view of the above and for the reasons cited, we hold that Ld. AO was not justified in denying the benefit of exemption u/s 11 of the Act in pleno to the appellant trust, consequently we set aside the orders of tax authorities below and remind the matter back to the file of Ld. AO with a direction to assess the total income of the appell…

Deputy Commissioner of Income-Tax, (Exemptions) Circle, Pune vs. Audyogik Shikshan Mandal, Pune

ITA 361/PUN/2019[2002-03]Status: PendingITAT Pune07 Mar 2022AY 2002-03

Bench: Shri Inturi Rama Rao, Am & Shri Ravish Sood, Jm Assessment Year : 2002-03

For Appellant: Shri Kishor Phadke, A.RFor Respondent: Shri M.G. Jasnani, D.R
Section 11Section 12ASection 139(1)Section 143Section 143(3)Section 147Section 148

…ginal assessment proceedings, the appellate authority had the power to accept the „audit report‟ and direct the A.O to redo the assessment. Also we find that the Hon‟ble High Court of Punjab and Haryana in the case of CIT Vs. Shahzedanand Charity Trust (1997) 228 ITR 292 (P&H) after drawing support from the CBDT Circular No. 267/482/77- IT, dated 9-2-1978, had observed, that normally a charitable or religious trust or institution is expected to file the auditor‟s report a/w the return of income, but in cases where for reasons beyond the control of the assessee some delay had occurred in filing the said report, th…

Sicot India Foundation, Mumbai vs. DCIT(CPC), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 4328/MUM/2019[2016-17]Status: DisposedITAT Mumbai22 Feb 2022AY 2016-17

Bench: Or At, The Time Of Hearing Of The Appeal, So As To Enable The Hon. Ita'I To Decide This Appeal According To Law.

Section 11Section 11(1)(a)Section 143(1)Section 154Section 234ASection 234BSection 234C

…57 TTJ(Mum)(SMC)77 iii. CIT vs. Gujarat Oil & Allied Industries (1993) 201 ITR 325(Guj) iv. National Horticulture Board vs. CCIT(2009) 176 Taxman 167 (P&H) v. CIT vs. Hardeodas Agarwala Trust(1992) 198 ITR 511 (Calutta) vi. CIT vs. Shanzedanand Chanty (1977) 228 ITR 292 (PH) The appellant, accordingly has contended that the delay in filing Audit Report in Form 10B should be condoned and AO should be directed to allow the claim of Rs.8,31,102/-being the amount applied for charitable purposes in India and Rs.2,21,325/- being the exemption u/s 11(1)(a) of the Act.” 6. Learned CIT(A) adjudicated the issue as under…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 261/COCH/2018[2012-13]Status: DisposedITAT Cochin27 May 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 260/COCH/2018[2011-12]Status: DisposedITAT Cochin27 May 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 259/COCH/2018[2010-11]Status: DisposedITAT Cochin27 May 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 258/COCH/2018[2009-10]Status: DisposedITAT Cochin27 May 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 257/COCH/2018[2008-09]Status: DisposedITAT Cochin27 May 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 256/COCH/2018[2007-08]Status: DisposedITAT Cochin27 May 2019AY 2007-08

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 255/COCH/2018[2006-07]Status: DisposedITAT Cochin27 May 2019AY 2006-07

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…filing of return of income belatedly would not lead to denial of exemption u/s. 11 of the Act even at the stage of appellate proceedings. The Ld. AR relied on the judgment of the Punjab & Haryana High Court in the case of CIT vs. Shahzadanand Charity Trust (228 ITR 292) wherein it was held that it is not mandatory to furnish the audit report alongwith the return of income u/s. 12A(1)(b) of the Act and the same could be furnished at a later stage and the delay could be condoned after recording the reasons. 5.1 The Ld. AR further submitted that the assessee has applied the profit of the assessee-Trust for chari…

M/S. Siddhartha Buildwell Pvt. Ltd., Dehradun vs. ITO, New Delhi

In the result appeal of the assessee as well as the ld AO are allowed for statistical purposes

ITA 253/DEL/2015[2010-11]Status: DisposedITAT Delhi23 Oct 2018AY 2010-11

Bench: Shri Kuldip Singh & Shri Prashant Maharishiito, Vs. Siddharth Buildwell Pvt. Ward-23(3), Ltd, C/O. M/S. Virendra New Delhi Kalra & Co., 75/7, Rajpur Road, Dehradun Pan: Aajcs1167Q (Appellant) (Respondent) Siddharth Buildwell Pvt. Ltd, Vs. Ito, C/O. M/S. Virendra Kalra & Co., Ward-23(3), 75/7, Rajpur Road, Dehradun New Delhi Pan: Aajcs1167Q (Appellant) (Respondent)

For Appellant: Shri Ashwani Taneja, AdvFor Respondent: Shri K. Tewari, Sr. DR
Section 133(6)Section 143(3)Section 80I

…is filed before the first appellate authority it is sufficient compliance with the provision of audit for claiming these deductions. The similar view is also been taken by Hon'ble Kolkata High Court in 238 ITR 257 and Hon'ble Punjab and Haryana High Court in 228 ITR 292. Further, the Hon'ble Madhya Pradesh High Court in CIT Vs. Medicaps Ltd 323 ITR 554 has held that the audit report can even be filed at the appellate stage. In the interest of justice, the ld CIT(A) should have considered the audit report filed in Form NO. 10CCB before him prior to deciding the issue of allowability of deduction u/s 80IB(10) of t…

ITO, New Delhi vs. M/S. Siddharth Buildwell Pvt. Ltd., Dehradun

In the result appeal of the assessee as well as the ld AO are allowed for statistical purposes

ITA 6886/DEL/2014[2010-11]Status: DisposedITAT Delhi23 Oct 2018AY 2010-11

Bench: Shri Kuldip Singh & Shri Prashant Maharishiito, Vs. Siddharth Buildwell Pvt. Ward-23(3), Ltd, C/O. M/S. Virendra New Delhi Kalra & Co., 75/7, Rajpur Road, Dehradun Pan: Aajcs1167Q (Appellant) (Respondent) Siddharth Buildwell Pvt. Ltd, Vs. Ito, C/O. M/S. Virendra Kalra & Co., Ward-23(3), 75/7, Rajpur Road, Dehradun New Delhi Pan: Aajcs1167Q (Appellant) (Respondent)

For Appellant: Shri Ashwani Taneja, AdvFor Respondent: Shri K. Tewari, Sr. DR
Section 133(6)Section 143(3)Section 80I

…is filed before the first appellate authority it is sufficient compliance with the provision of audit for claiming these deductions. The similar view is also been taken by Hon'ble Kolkata High Court in 238 ITR 257 and Hon'ble Punjab and Haryana High Court in 228 ITR 292. Further, the Hon'ble Madhya Pradesh High Court in CIT Vs. Medicaps Ltd 323 ITR 554 has held that the audit report can even be filed at the appellate stage. In the interest of justice, the ld CIT(A) should have considered the audit report filed in Form NO. 10CCB before him prior to deciding the issue of allowability of deduction u/s 80IB(10) of t…

M/S Genius Education Society, Mandi vs. ACIT, C-2, (E), Chandigarh

In the result, the appeal of the assessee is allowed in

ITA 238/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh20 Aug 2018AY 2012-13

Bench: Shri Sanjay Garg & Ms. Annapurna Guptam/S Genius Education Society, Vs. The A.C.I.T., Tanda Balt, Sadar, Mandi, Circle-2(Exemptions), Himachal Pradesh. Chandigarh. Pan: Aaajg1473H (Appellant) (Respondent)

For Appellant: S/Shri Ajay Jain, CAFor Respondent: Shri Surinder Meena, JCIT
Section 10Section 12ASection 12A(2)Section 147Section 148

…been held by courts to be merely procedural and therefore directory in nature and not mandatory for the purpose of claiming exemption u/s 11 & 12 of the Act. The Hon’ble Jurisdictional High Court in the case of CIT vs Shahzadanand Charity Trust reported in 228 ITR 292,has categorically held so in para 10-14 of its order as under: “10. Calcutta High Court in Rai Bahadur Bissesswarlal’s case (supra) while interpreting s. 12A(b) held that the provision was directory in nature and the AO could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case the assess…