Case Law Details
Gyandeep Charitable Trust Vs A.D.I.T. (ITAT Ahmedabad)
Gyandeep Charitable Trust challenged the denial of exemption under section 11 of the Income Tax Act due to a delay in filing Form 10B. The National Faceless Appeal Centre (NFAC), Delhi, had upheld the assessment order, prompting the trust to appeal to the Income Tax Appellate Tribunal (ITAT) in Ahmedabad.
The trust’s grievance centered on the delay in filing Form 10B, which led to the denial of exemption under section 11 of the Act. The trust contended that the requirement to file the audit report was procedural and should not impede their claim for exemption.
During the proceedings, the trust cited relevant case law and CBDT Circular No. 16/2020, which delegated power to condone delays in filing Form 10B for certain assessment years. The trust argued that the delay should be condoned, allowing them to claim the exemption under section 11.
However, the Departmental Representative (DR) argued that the trust should have applied for condonation of the delay before the Income Tax Authorities, as per the CBDT Circular. The DR contended that the ITAT could not consider the circular in the pending appeal.
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