2025 (10) TMI 414

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.... grounds of appeal : SI No. Grounds of Appeal 1. The order of the learned Commissioner of Income Tax (Appeals) is contrary to the facts and also the law applicable to the facts of the case. 2. The learned Commissioner of Income Tax (Appeals) is not justified in sustaining the adjustment of Rs.50,00,000 made by the CPC towards disallowance of exemption claimed u/s 11(2) of the Act. 3. The learned Commissioner of Income Tax (Appeals) ought to have appreciated that Form No.10BB was originally filed on 07.09.2023 i.e. within the due date and the Revised Form No.10BB filed on 08.12.2023 was only for rectification of certain technical errors in the form originally filed. 4. Any other ground that may be urged at the t....

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....ith the audit report in Form No.10BB and Form No.10 within the prescribed due date. The mismatch between Form No.10BB and Form No.10 was only a technical error noticed by CPC on 08.12.2023. Immediately on the same date, the assessee filed a revised audit report in Form No.10BB which was fully in conformity with Form No.10, and this was done before the CPC passed the intimation under section 143(1) on 05.09.2024. The Ld. AR argued that once the revised audit report was filed before completion of processing under section 143(1), the CPC ought to have considered the same. He relied on the decision of this Tribunal in the case of Sri Ramalingeswara Swamy Temple vs. ITO (Exemptions), ITA No.579/Hyd/2025, AY 2023-24, order dated 25.06.2025, where....

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.... There is no dispute with regard to the fact that, the appellant is a religious institution under the management and administrative control of Endowment Department of the Govt. of Telangana. It is also not in dispute that, the appellant is registered u/s 12A and 12AA of the I.T. Act, 1961. The appellant has claimed exemption u/s 11 of the Act and filed relevant audit report in Form 10BB on 28/11/2023 along with the return of income filed for the impugned A.Y. There is no dispute that, the audit report in Form 10BB is filed beyond the due date provided under the Act. The due date for filing the audit report for the year under consideration was 31/10/2023. whereas the appellant has filed the audit report on 28/11/2023. Admittedly, there is a ....

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....r condonation of delay in filing Form 10BB ought to have been decided by the Commissioner by taking a liberal approach. The sum and substance of ratio laid down by the Hon'ble High Court of Telangana and the ITAT Bangalore Bench of the Tribunal that, if audit report in Form 10BB was made available to the Assessing Officer before he passes his assessment order, then merely for the reason of delay in filing the relevant report, exemption claimed u/s 11 of the Act cannot be denied. In the present case, admittedly. the assessee has filed return of income on or before the due date on 28/11/2023 and also filed audit report in Form 10BB on the very same day i.e. on 28/11/2023. Although, there is a small delay of 28 days in filing the audit rep....