Exemption u/s 11 and 12 could not be denied to Charitable Trust if Audit Report was filed by extended due date even if after the filing of ITR

Jhaiji Shikshan Samiti Vs DCIT (ITAT Raipur)

Conclusion: Where a charitable institution filed its return of income within the extended due date under Section 139(4A) and furnished audit report in Form 10B (Rule 17B) on the next day but still within the extended due date prescribed under Section 12A(1)(b) r.w.s. 44AB, denial of exemption under Sections 11 and 12 on the ground that audit report was not filed “along with” return of income was unsustainable.

Held: A charitable institution filed its income tax return on October 27, 2018. It

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