Filing of Form 10BB is directory, not mandatory for Section 11 exemption: ITAT Hyderabad

Ramalingeswara Swamy Temple Vs ITO (Exemptions) (ITAT Hyderabad) The issue arose because the temple filed its audit report in Form 10BB on 28.11.2023, while the due date was 31.10.2023—a delay of 28 days. The CPC processed the return  u/s 143(1) & disallowed exemption  u/s 11, resulting in assessed income of ₹1.13 crore. The CIT(A) upheld the denial, relying on the Supreme Court’s ruling in Wipro Ltd. that stressed the mandatory nature of timelines for filing statutory declarations. Tribunal observed that there is no dispute with regard to the fact that, the appellant is a reli...