2025 (9) TMI 562 - AT - Income Tax

Exemption under ss.11 and 12 restored; delayed Form 10B audit report alone cannot justify denial under s.143(1)

ITAT DELHI - AT allowed the appeal and held that exemption under ss.11 and 12 cannot be denied solely for delayed filing of Audit Report in Form 10B. ... Denial of exemption u/s 11 and 12 - delay in filing Audit Report in Form 10B - HELD THAT:- As in Association of Indian Panelboard Manufacturer [2023 (3) TMI 1374 - GUJARAT HIGH COURT] held that assessee is entitled to exemption claimed which was denied solely due to belated filing of Form 10B. Similar view has been taken in Shree Bhairav Seva Samiti [2022 (12) TMI 445 - ITAT MUMBAI] where the denial of exemption under Section 11 of the Act by CPC under Section 143(1) for non filing of Form 10B within prescribed due date was reversed in consonance with the judicial view available on the issue. No hesitation to hold that the claims of exemption under Sections 11 and 12 of the Act by the assessee cannot be denied merely owing to so called delay in filing Audit Report in Form 10B as prescribed under Rule 17B of the Income Tax Rules. The basis for refusal of exemption thus does no survive. AO is accordingly directed to delete the adjustment made in intimation under Section 143(1) of the Act as attributable to such purported default in belated filing of Form 10B. Appeal of the assessee is allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether belated filing of the audit report in Form 10B (filed after filing the return under Section 139(1) but before processing) disentitles an assessee from claiming exemption under Sections 11 and 12 of the Income-tax Act. 2. Whether the requirement to furnish the auditor's certificate in Form 10B and compliance with Rule 17B is mandatory in the sense of being a condition precedent to entitlement of exemption under Sections 11 and 12, or merely procedural/directory. 3. Whether an intimation under Section 143(1) denying exemption on the ground of belated Form 10B is sustainable, and what remedial direction (if any) should be given to the Assessing Officer. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Effect of belated filing of Form 10B on entitlement to exemption under Sections 11 and 12 Legal framework: Sections 11 and 12 govern exemption for income of charitable/religious trusts; Section 139(1) prescribes online return filing; Rule 17B prescribes filing of audit report in Form 10B within the prescribed time (one month prior to the due date of filing return); intimation under Section 143(1) may be based on processing checks. Precedent treatment: The Court relied upon existing judicial pronouncement of the High Court and coordinate Tribunal benches that treat filing of Form 10B as procedural and not a condition precedent to exemption. Those authorities were followed. Interpretation and reasoning: The Court reasoned that denial of exemption solely because the auditor's certificate in Form 10B was uploaded after the return was procedural in nature. The timing of upload-although governed by Rule 17B-does not alter the substantive right to exemption under Sections 11 and 12. Where Form 10B was filed before processing of the return by CPC/Assessing Officer, the Form's late upload could not be a ground to defeat statutory exemption. Ratio vs. Obiter: Ratio - a belated filing of Form 10B (filed after the return but before processing) does not automatically disallow exemption under Sections 11/12; treatment of the requirement under Rule 17B as procedural is adopted as binding for the facts. Conclusion: The Court held that the assessee's entitlement to exemption under Sections 11 and 12 cannot be denied merely because the audit report in Form 10B was filed after filing the return but before processing. Issue 2 - Characterisation of Form 10B requirement under Rule 17B: mandatory or directory Legal framework: Rule 17B prescribes the time for furnishing the audit report in Form 10B; Section 11/12 set out substantive entitlement; procedural rules regulate compliance and timelines. Precedent treatment: The Court followed prior High Court and Tribunal rulings holding the audit report requirement to be procedural/directory rather than condition precedent; those authorities were applied rather than distinguished or overruled. Interpretation and reasoning: The Court treated the furnishing of the audit report and certificate in Form 10B as a directive procedural requirement. Since the substantive claim to exemption is governed by the statute (Sections 11/12), the timing of a procedural compliance should not extinguish the substantive right where the audit report was in fact filed before the return was processed. The Court noted that the audit report being available prior to processing cures the risk of prejudice to revenue, and that a literal temporal inflexibility would produce an unjust outcome given the procedural nature of Rule 17B. Ratio vs. Obiter: Ratio - Rule 17B's time prescription for Form 10B filing is procedural/directory and non-compliance will not ipso facto defeat entitlement to exemption where Form 10B is filed before processing and no prejudice is shown. Conclusion: The Court concluded that the requirement to furnish Form 10B is not a mandatory condition precedent to claiming exemption under Sections 11 and 12; it is a procedural/directory requirement. Issue 3 - Validity of denial by CPC/Assessing Officer under Section 143(1) and consequential direction Legal framework: Section 143(1) provides for processing of returns and issuance of intimation; Assessing Officer/CPC may deny exemption at the processing stage if procedural requirements appear unmet. Precedent treatment: The Court followed authorities that reversed processing-stage denials based solely on belated Form 10B filing; these authorities were applied to direct correction of intimation. Interpretation and reasoning: Given the Court's conclusion that the filing of Form 10B is procedural and that the audit report was uploaded before processing, denial of exemption in the intimation under Section 143(1) was unsustainable. The Court held that where denial is premised only on purported belated filing and no substantive defect is shown, the intimation must be corrected. Ratio vs. Obiter: Ratio - an intimation under Section 143(1) that disallows exemption solely due to belated filing of Form 10B is unsustainable and must be rectified where Form 10B was furnished before processing and no prejudice to revenue is established. Conclusion: The Court directed the Assessing Officer to delete the adjustment made in the Section 143(1) intimation attributable to belated filing of Form 10B and allowed the appeal; the procedural default thus could not be the basis for denial of exemption.