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Form 10B Delay Condoned – Exemption U/s 11 Cannot Be Denied for Procedural Lapse
Case Law Details
- Case Name
- Roman Catholic Church of St. Joseph Vs Central Processing Centre Income Tax Department (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2023-24
- Courts
- All ITAT, ITAT Mumbai
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Roman Catholic Church of St. Joseph Vs Central Processing Centre Income Tax Department (ITAT Mumbai)
Form 10B Delay Condoned – Exemption U/s 11 Cannot Be Denied for Procedural Lapse
Assessee, a charitable trust, claimed exemption u/s 11 & 12. CPC denied exemption in intimation u/s 143(1) on ground that Form 10B (audit report) was filed with delay of 29 days, though return itself was filed within due date.
CIT(A) upheld denial relying on Wipro Ltd. decision.
ITAT held:
Delay in filing Form 10B is procedural in nature
Audit report was filed before completion of proces...






