TaxTMI 
TaxTMI 
2024 (6) TMI 1474
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....he grounds of appeal raised by the assessee read as under: "1. Action of the CIT(A) in confirming the action of the A.O. in making an addition of Rs. 10,67,052/- in not allowing the exemption u/s. 11 of the I.T. Act 1961 to the appellant being public charitable trust duly registered u/s 12A, for minor delay in filing of Audit Report under section 12A(b) of the Income-Tax Act, 1961 on 09.02.2021 (due date 15.01.2021) due to outbreak of COVID-19 pandemic, a procedural omission and cannot be an impediment in law in claiming the exemption, when the return of income was filed in time on 09.02.2021 i.e. within the extended due date of 15.02.2021, is unjust, illegal, arbitrary and against the facts and circumstances of the cases. 2. Action of ....
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....020. As per the press release, the due date for filing ROI for A. Y. 2020-21 has been extended to 15th February, 2021. The ld. counsel also pointed out that due to global outbreak of Covid-19 pandemic, lockdown was imposed throughout the country since 22nd March, 2020 and severe restrictions were placed on functioning and movement. Under such circumstances, the Hon'ble Supreme Court vide its order dated 10.01.2022 in Suo Motu Writ Petition No. 3 of 2020 clarified that in computing the period of limitation for any suit / appeal / application or proceedings, the period from 15.03.2020 till 28.12.2022 shall stand excluded. The ld. counsel also submits that due to Covid-19 pandemic, the due date of filing of return of income was extended fr....
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....he case of Association of Indian Panelboard Manufacturer vs. DCIT; (2023) 157 taxmann.com 550 (Guj) wherein it has been categorically held that filing of Audit Report in Form 10B along with return of income is only a procedural requirement and cannot be construed as mandatory requirement for the purposes of claiming exemption under Sections 11 and 12 of the Act. The Hon'ble Gujarat High Court has thus held that assessee is entitled to exemption claimed which was denied solely due to belated filing of Form 10B. Similar view has been taken by the Co-ordinate Bench in Shree Bhairav Seva Samiti Vs. ITO (Exemption) reported in [2023] 149 taxmann.com 478 (Mumbai Tribunal) where the denial of exemption under Section 11 of the Act by CPC under....