Gujarat Technological University Vs DCIT (ITAT Ahmedabad)
ITAT Ahmedabad held that delay in furnishing Form No. 10B is procedural lapse hence it cannot be sole reason for denial of exemption under section 11 of the Income Tax Act. Accordingly, delay in filing 10B condoned and exemption granted.
Facts- The assessee is Gujarat Technological University, a State Technical University established in the year 2007 under Gujarat Act No. 20 of 2007. The assessee is registered u/s. 12AA of the Act. For the relevant previous year, the assessee filed its return of income accompanied by a provisional audit report in Form No. 10B. The said return was processed by CPC u/s. 143(1) on 03.06.2020, wherein the exemption claimed u/s. 11 was denied on the ground that details of registration u/s. 12A/12AA or approval u/s. 10(23C)(iv)/(v)/(vi)/(via) were not furnished; and the exemption claimed u/s. 10(23C)(iiiab) was denied for the reason that the institution was not considered as “substantially financed” by the Government.
Conclusion- Hon’ble Gujarat High Court in Brahmchari Wadi Trust v. CIT(E) [2025] 173 com 54 (Guj.), Shri Parshwanath Bhakti Vihar Jain Trust v. CIT(E) [2024] 166 taxmann.com 732 (Guj.) and Sarvodaya Charitable Trust v. ITO (Exemption) [2021] 125 taxmann.com 75 (Guj.) has consistently held that when the substantive conditions for exemption are satisfied, the benefit cannot be denied merely for delay in filing the prescribed forms, which is only a procedural requirement.
