2024 (6) TMI 1518

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....nt Year (AY) 2022-03. 2. The brief facts of the case are that the assessee trust could not upload Form 10B, necessary for claiming exemption of s. 12A of the Act on time. The facts of the case reveal that the last date for uploading Form 10B was 07.10.2022. However, the assessee had uploaded the audit report, i.e., Form 10B on 14.10.2022, which means there was a delay of 7 days in uploading Form 10B. Observing this the CPC, Bangalore (Assessing Officer) (AO) has not allowed the expenses claimed by the trust for carrying out the charitable activities. It is pertinent to note that assessee has also filed an application for condonation of delay before the Concerned CIT(E) and the same was rejected by the CIT(E) vide order dated 15.11.2023. ....

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....al lapse. We are conscious that decision of Gagan Deep is rendered by SMC Bench. However the SMC Bench in turn has followed the decisions of Division Benches of the Ahmadabad in the cases of Hari Gyan Parcharak Trust ITA No 252/Ahd/2021 & Shir Visha Oswal Jain Sewa ITA no 59/Ahd/2022. 6. We think it appropriate to quote the observation made by Ahmadabad ITAT in the case of Hari Gyan Pracharak(Supra).  "7. We have carefully considered the order passed by the authorities below and the judgment passed by the Hon'ble Jurisdictional High Court in case of Association of Indian Panelboard Manufacturer (supra) on the issue involved. While passing order in favour of the assessee, the Hon'ble Jurisdictional High Court has been please....

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....f law is satisfied. In that view, the Income Tax Tribunal was not justified in dismissing the appeal of the assessee. 6.1 The appellant assessee has to be held to be eligible and entitled to exemptions under Section 11(1) and 11(2) of the Act and the alleged ground of non-filing of audit report along with return of income which was at the best procedural omission, could never to an impediment in law in claiming the exemption. 6.2 Accordingly the substantial questions of law have to be decided in favor of the appellant. 7. They are accordingly decided. The appeal is allowed." 8. In view of the ratio laid down by the Hon'ble Jurisdictional High Court holding that non filing of Audit Report along with return....