Father Leblond Trust Vs CPC (ITAT Kolkata)
Assessee-Trust, registered u/s 12A, filed its return u/s 139(4A) within the extended due date. Audit report was prepared within time, but Form 10B was uploaded belatedly on the portal. CPC, while processing return u/s 143(1), denied exemption u/s 11 & raised demand. Rectification u/s 154 was also rejected & CIT(A) upheld denial holding that power to condone delay in filing Form 10B vested only with CIT(E).
ITAT condoned delay in filing appeal & held that filing of Form 10B is only a procedural requirement. Tribunal noted that exemption u/s 11 cannot be denied at intimation stage u/s 143(1) merely for delayed uploading of audit report, especially when audit itself was completed & report was subsequently available on record. Relying on Angela Foundation (SC), Rai Bahadur Bissesswarlal Motilal Malwasie Trust (Cal HC) and other recent ITAT decisions, Tribunal held that technical / procedural lapse cannot defeat substantive exemption of a charitable trust with consistent compliance history.
Order of CIT(A) was set aside & AO / CPC was directed to grant exemption u/s 11 after considering Form 10B. Appeal allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT KOLKATA
This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. ‘CIT(A)’] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2019-20 dated 20.12.2024.
