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Sec 154 Cannot Be Used to Deny Sec 11 Exemption on Form 10B Delay – ITAT Restores Benefit
Case Law Details
- Case Name
- Tehmina K. Katrak Charitable Trust Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2021-2022
- Courts
- All ITAT, ITAT Mumbai
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Tehmina K. Katrak Charitable Trust Vs ITO (ITAT Mumbai)
Sec 154 Cannot Be Used to Deny Sec 11 Exemption on Form 10B Delay – ITAT Restores Benefit
Assessee trust claimed exemption u/s 11. Return was filed within extended due date (CBDT Circular 1/2022). CPC initially allowed exemption u/s 143(1), but later rectified u/s 154 denying exemption alleging delay in filing Form 10B.
ITAT held:
Assessee had attempted filing Form 10B within time; delay due to portal technical issues
CPC had already examined & accepted explanation in 143(1) stage
Subsequent action u/s 154 amou...





