Trust cannot be denied section 11 exemption for belated filing of Form 10B audit report

ITAT Jodhpur condoned a 37-day delay in filing appeal, accepting the assessee's explanation that intimation date was inadvertently left blank and email issues with former consultant caused the delay. The tribunal relied on Supreme Court precedent in Collector, Land Acquisition vs. Mst. Katiji regarding sufficient cause. On the substantive issue, ITAT held that a trust cannot be denied section 11 exemption merely for belated filing of Form 10B audit report, citing Gujarat HC precedent in Sarvodaya Charitable Trust. The tribunal directed the assessing officer to consider the belated Form 10B and allow exemption. Appeal allowed.

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Issues Involved:
1. Condonation of Delay in Filing Appeal
2. Merits of the Appeal for A.Y. 2015-16
3. Merits of the Appeal for A.Y. 2018-19

Summary:

1. Condonation of Delay in Filing Appeal:
The assessee filed an affidavit requesting the condonation of a 37-day delay in filing the appeal for A.Y. 2015-16. The delay was attributed to a bona fide belief that the CIT(A) would rectify an earlier order. Both parties were heard, and the delay was condoned based on the decision of the Hon'ble Supreme Court in the case of Collector, Land Acquisition vs. Mst. Katiji and Others, 167 ITR 471 (SC), as the assessee was prevented by sufficient cause.

2. Merits of the Appeal for A.Y. 2015-16:
The assessee argued that the CIT(A) erred in dismissing the appeal as already decided while the quantum appeal was pending. The AO had reopened the case under section 147 due to unexplained cash deposits and completed the assessment ex-parte under section 144. The CIT(A) had mistakenly treated the appeal as related to a penalty under section 271(1)(b). The Tribunal noted that the CIT(A) did not address the merits of the case and set aside the appeal to the file of the CIT(A) for a fresh decision.

3. Merits of the Appeal for A.Y. 2018-19:
The assessee filed its return declaring total income of Rs. 5,09,328, which was processed u/s 143(1) with total income determined at Rs. 1,35,18,419 due to non-filing of the Audit Report in Form 10B. The CIT(A) dismissed the appeal for a 1065-day delay in filing and on merits, stating that the exemption u/s 11 and 12 was not allowable due to the late filing of Form 10B. The Tribunal condoned the delay and noted that the CBDT had extended the due date for filing the audit report. It directed the Jurisdiction Assessing Officer to consider the belated Form 10B and allow the claim of exemption u/s 11, following precedents from the Gujarat High Court and other Tribunal decisions.

Conclusion:
The appeal for A.Y. 2015-16 was allowed for statistical purposes, and the appeal for A.Y. 2018-19 was allowed on merits.

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