Denial of exemption u/s 11 justified as audit report in Form 10B filed beyond specified date

Jain Shwetamber Murtipujak Sangh Vs ITO (Exemption) (ITAT Raipur)

ITAT Raipur held that exemption under section 11 of the Income Tax Act duly denied to trust as audit report in Form 10B e-filed/ uploaded beyond the date specified u/s 139 of the Income Tax Act.

Facts- The assessee trust is a religious-cum-charitable trust registered u/s.12AA(1)(b)(i) of the Act with the CIT(Exemption), Bhopal.

The assessee trust had e-filed its return of income u/s.139(4) of the Act for A.Y.2016-17 on 28.03.2018, declaring nil income (after claiming exemption u/s.11 of the Act).

Intimation u/s.143(1)(a) dated 29.03.2019 was issued by the DCIT, CPC, Bangalore, wherein the assessee’s claim for exemption u/s.11(2) of the Act was declined, for the reason that the same was to be allowed only if Form 10 (10B) a/w. return of income were furnished electronically within the “due date” specified u/s.139(1) of the Act.

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