Sponsored
    Follow Us:

Case Law Details

Case Name : The Dadabhai Kavasji Tata School Trust Vs ITO (ITAT Mumbai)
Appeal Number : I.T.A. No. 1637/Mum/2022
Date of Judgement/Order : 06/09/2022
Related Assessment Year : 2015-16
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

The Dadabhai Kavasji Tata School Trust Vs ITO (ITAT Mumbai)

Provisions of section 12A(1)(b) requiring the assessee to furnish audit report has been amended w.e.f. 1.4.2020. Prior to the amendment, the audit report has to be filed along with the return of income. Requirement of furnishing audit report before the due date prescribed in section 44AB has been made mandatory w.e.f. 1.4.2020 only.

In the instant case, we noticed earlier that the assessee has filed audit report in Form No. 10B along with the return of income filed on 30.3.2017. We noticed that the requirement of filing audit report before the date prescribed in sec.44AB has been brought into the statute only w.e.f 1.4.2020, i.e., from AY 2020-21. Accordingly, in the assessment year under consideration, viz., AY 2015-16, the requirement under the Act was to file audit report along with the return of income. Accordingly, in our view, the assessee has complied with the conditions prescribed in sec. 12(1)(b) by furnishing audit report along with the return of income.

In view of the above said discussions, in our view, both the Assessing Officer and Ld CIT(A) were not justified in rejecting the claim for deduction under section 11(1)(a) of the Act.

FULL TEXT OF THE ORDER OF ITAT MUMBAI

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

One Comment

  1. Nem Singh says:

    For technical defaults like delay filing of returns or reports, the statutory deductions or exemptions should be allowed if the assessee fulfill the basis compliance to meet justice.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031