https://www.taxtmi.com/caselaws?id=17485 The HC upheld the Tribunal's decision permitting the assessee-charitable trust to file the audit report required under section 12A(b) at the appellate stage and not necessarily along with the return. Relying on CBDT's circular treating the requirement as procedural and directory, the HC held that the expression "shall" in section 12A(b) does not make contemporaneous filing with the return mandatory. Where delay in furnishing the audit report is due to reasons beyond the assessee's control, the Assessing Officer or appellate authority may accept it later after recording reasons. Consequently, exemption under sections 11 and 12 could not be denied solely for delayed filing, and the reference was answered in favour of the assessee. en-us Thu, 07 Aug 1997 00:00:00 +0530 Sat, 06 Dec 2025 00:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=17485 The HC upheld the Tribunal's decision permitting the assessee-charitable trust to file the audit report required under section 12A(b) at the appellate stage and not necessarily along with the return. Relying on CBDT's circular treating the requirement as procedural and directory, the HC held that the expression "shall" in section 12A(b) does not make contemporaneous filing with the return mandatory. Where delay in furnishing the audit report is due to reasons beyond the assessee's control, the Assessing Officer or appellate authority may accept it later after recording reasons. Consequently, exemption under sections 11 and 12 could not be denied solely for delayed filing, and the reference was answered in favour of the assessee. Case-Laws Income Tax Thu, 07 Aug 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=17485