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Delay in Form 10B Is Procedural: CPC Cannot Deny U/s 11 Exemption at U/s 143(1) Stage
Case Law Details
- Case Name
- Father Leblond Trust Vs CPC (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2019-20
- Courts
- All ITAT, ITAT Kolkata
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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...
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