Denial of exemption u/s 11(2) was contested due to the trust's...

Denial of exemption u/s 11(2) was contested due to the trust's failure to file Form No. 10 within the due date specified u/s 139(1) owing to technical issues. The provisions of section 11(2) mandate charitable trusts to apply a specified percentage of income for charitable purposes, with an option to accumulate or set apart the prescribed percentage for application in India, subject to conditions. The issue centered on whether furnishing the statement in the prescribed Form No. 10 on or before the due date of filing the return is mandatory or directory in nature for availing exemption u/s 11(2). Relying on the Supreme Court's decision in PCIT vs. Wipro Ltd., which held furnishing the prescribed form within the due date as mandatory for claiming benefits u/s 10B(8), the Tribunal concluded that filing Form No. 10 is mandatory for claiming exemption u/s 11(2). However, considering the assessee's grievance petition citing technical glitches on the Income-tax portal and the delay being within 365 days, the Tribunal set aside the CIT(A)'s order and remanded the matter to the AO with directions to allow the assessee to apply for condonation of delay to the CIT(Exemption). Upon condonation, the AO shall decide the exemption claim u/s 11.