Exemption under Section 11 allowed despite delayed Form 10B filing before assessment completion

ITAT Surat allowed the appeal where exemption under section 11 was denied for non-filing of Form 10B prior to return filing. The assessee filed Form 10B on 04.08.2022 after return submission but before assessment completion on 23.08.2022, citing IT website technical issues for initial delay. Following Gujarat HC precedent in Gujarat Oil Allied Industries case, ITAT held that exemption benefit should not be denied merely for delayed audit report filing if submitted before assessment completion. The tribunal deleted the disallowances and granted the exemption claim.

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Issues Involved:
1. Disallowance of exemption under Section 11 of the Income Tax Act.
2. Taxation of gross income without deduction of expenses.
3. Procedural compliance regarding the filing of Form 10B.

Comprehensive Summary:

Issue 1: Disallowance of Exemption under Section 11
The assessee, a registered trust under Section 12AA, filed its return for AY 2021-22 declaring "Nil" income after claiming an exemption of Rs. 3,30,07,028 under Section 11. The Centralized Processing Centre (CPC) disallowed this exemption due to the non-filing of Form 10B prior to the return filing. The assessee argued that the delay was due to technical glitches on the Income Tax Portal and had filed the form subsequently. The CIT(A) upheld the CPC's decision, stating that Form 10B must be filed one month prior to the due date of the return, which was not complied with by the assessee. However, the Tribunal noted that the Form 10B was filed before the assessment/intimation under Section 143(1) and cited various judicial precedents to condone the delay, thus allowing the exemption.

Issue 2: Taxation of Gross Income Without Deduction of Expenses
The CPC also added voluntary contributions forming part of the corpus amounting to Rs. 1,50,000 to the total income. The Tribunal, considering the facts and the filing of Form 10B during the assessment stage, held that the assessee is entitled to the exemption under Section 11, thereby implying that the gross income should not be taxed without allowing deductions for expenses.

Issue 3: Procedural Compliance Regarding Filing of Form 10B
The Tribunal emphasized that the procedural requirement of filing Form 10B should not lead to the denial of substantial justice. It relied on various judgments, including those from the Gujarat High Court and ITAT Pune, which held that filing the audit report during assessment proceedings is sufficient compliance. The Tribunal concluded that the delay in filing Form 10B was due to technical glitches and should be condoned, thus allowing the appeal.

Conclusion:
The Tribunal allowed the appeal of the assessee, condoning the delay in filing Form 10B and granting the exemption under Section 11. The disallowances made by the Assessing Officer were deleted, and the appeal was allowed.

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