https://www.taxtmi.com/caselaws?id=448793 The Gujarat HC upheld ITAT's decision allowing exemption under Section 11 to the assessee despite delayed e-filing of Form 10B audit report with the return. The court distinguished the Supreme Court's Wipro Limited decision, noting it applied to Section 10B exemptions requiring mandatory pre-filing declarations, not Section 11 exemptions under Section 12A(1)(b). Following precedents in Sarvodaya Charitable Trust and Social Security Scheme cases, the HC held that since the assessee had uploaded the required Form 10B audit report before the original assessment order was passed, the technical delay should not deny the exemption. The court emphasized an equitable and judicious approach in such cases. en-us Mon, 15 Jan 2024 00:00:00 +0530 Tue, 30 Jan 2024 07:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448793 The Gujarat HC upheld ITAT's decision allowing exemption under Section 11 to the assessee despite delayed e-filing of Form 10B audit report with the return. The court distinguished the Supreme Court's Wipro Limited decision, noting it applied to Section 10B exemptions requiring mandatory pre-filing declarations, not Section 11 exemptions under Section 12A(1)(b). Following precedents in Sarvodaya Charitable Trust and Social Security Scheme cases, the HC held that since the assessee had uploaded the required Form 10B audit report before the original assessment order was passed, the technical delay should not deny the exemption. The court emphasized an equitable and judicious approach in such cases. Case-Laws Income Tax Mon, 15 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448793