TaxTMI 
TaxTMI 
2023 (6) TMI 1279
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....f AO in denying the exemption u/s. 11 of the Act for non-filing of Auditor's Report in Form No. 10B along with the return of income in the facts and circumstances of the case. 3. We note that the assessee is a charitable trust, giving its services through English Medium School at Rampur, Patan in the District of Satara, Maharashtra. The assessee filed return of income on 23-09-2018 for the year under consideration declaring a total income at Rs. Nil. The said return was processed under intimation determining the total income of the assessee at Rs. 66,71,515/- u/s. 143(1) of the Act by denying the claim of exemption u/s. 11 of the Act. We note that the said denial was resulted due to non-filing of Auditor's Report in Form No. 10B with the r....
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....(2014) taxmann.com 184 (Gujarat) and submits that the benefit of exemption should not be denied merely on account of delay in filing Form No. 10B along with the return of income. The CPC, Bangalore did not give an opportunity to furnish Form No. 10B during the course of proceedings of intimation u/s. 143(1) of the Act. He vehemently argued that it is permissible for the assessee to produce the audit report at a later stage either before the Income Tax Officer or before the NFAC, Delhi. The NFAC, Delhi did not consider at all the existence of Form No. 10B on record. 7. The ld. AR placed on record the order of this Tribunal in the case of Audyogik Shikshan Mandal reported in (2022) 139 taxmann.com 28 (Pune- Trib.) and drew our attention to p....
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....lore passed intimation denying exemption u/s. 11 of the Act on 04-03-2020 for the reason that no audit report was filed along with the return of income. 9. Further, the decision of Hon'ble High Court of Gujarat in the case of Xavier Kelavani Mandal (P.) Ltd. (supra) as relied on by the ld. AR, we note that the question raised before the Hon'ble High Court of Gujarat, whether it is permissible to the assessee to produce the audit report at the appellate stage. The Hon'ble High Court of Gujarat was pleased to note the said issue was already answered in the case of Gujarat Oil & Allied Industries Ltd. reported in 201 ITR 325 (Guj.) which held that the provision regarding furnishing of audit report along with the return has to be treated as a ....