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Delayed Form 10B Filing Not a Ground to Reject Section 11 Exemption: ITAT Jaipur

Case Law Details

TaxGuru Citation
2026 taxguru.in 7755
Case Name
Tarun Shiksha Avam Jan Seva Samiti Vs ITO (ITAT Jaipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2021-22
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Tarun Shiksha Avam Jan Seva Samiti Vs ITO (ITAT Jaipur)

Background of the Case

The assessee, a trust, filed an appeal before the Income Tax Appellate Tribunal (ITAT), Jaipur, challenging the order of the Commissioner of Income Tax (Appeals) dated 13.02.2025. The appeal was filed with a delay of 84 days. The Secretary of the trust explained through an affidavit that the delay occurred because his father was undergoing cancer treatment, requiring frequent travel between Tonk and Jaipur, which prevented timely compliance. The Tribunal accepted the explanation as sufficient cause and condoned the delay.

Issue Before the Tribunal

The primary dispute concerned the denial of exemption under Section 11 of the Income Tax Act, 1961. The exemption was denied while processing the return under Section 143(1) solely because Form 10B, the prescribed audit report, was allegedly filed late. Consequently, the entire gross receipts of ₹31,33,867 were taxed, and interest under Sections 234A, 234B, 234C, and 234F was also charged.

Assessee’s Contentions

The assessee argued that Form 10B had been filed on 07.10.2022, whereas the return for Assessment Year 2021-22 was processed under Section 143(1) only on 25.10.2022. Therefore, the audit report was already available on record when the return was processed.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,835

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