TaxTMI 
TaxTMI 
2026 (1) TMI 1026
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....of the Commissioner of Income Tax (Appeals) is contrary to law, facts, and circumstances of the case and is opposed to the principles of equity, natural justice and fair play. 2. For that the Commissioner of Income Tax (Appeals) failed to appreciate that the order of the CPC, Bengaluru is without jurisdiction. Legal Grounds 3. For that the Commissioner of Income Tax (Appeals) erred in dismissing the appellant's case without providing the appellant a proper opportunity of being heard. 4. For that the Commissioner of Income Tax (Appeals) failed to appreciate that the intimation issued u/s. 143(1) of the Income Tax Act is bad in law. 5. For that the Commissioner of Income Tax (Appeals) failed to app....
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.... Levy of interest u/s. 234B and 234C 7. For that the appellant trust objects to the levy of interest under sections 234B and 234C of the Income Tax Act. 3. The brief facts of the case are that the assessee is a charitable trust registered u/s. 12AA of the Income Tax Act, 1961 (in Short 'the Act') and filed its return of income for the A.Y. 2020-21on 03.02.2021. The return of income was processed u/s. 143(1) on 30.11.2021 determining the total income of the assessee at Rs. 2,32,84,425/-, whereby exemption u/s. 11 was denied for the reason that audit report in Form No.10B was not filed within the due date prescribed under the Act read with rule 12A(1)(b), thereby assessing the entire gross receipts of Rs. 2,32,84,425/- at....
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....processing the return of income by the CPC, Bengaluru. 7. As regards the contention raised by the Ld.AR in respect of filing of audit report being directory and not mandatory in nature, our attention was drawn to the decision of the Hon'ble Gujarat High Court in the case of CIT(E) v Shri Laxmanarayan Dev Shrishan Seva Khendra 2024 (10) TMI 99 wherein the Hon'ble High Court after considering the decision of the Apex Court in Wipro Limited (supra) held as follows: "5. Reliance placed by the learned Senior Standing Counsel Ms.Maithili Mehta for the assessee on the decision of the Hon'ble Supreme Court in case of The Principal Commissioner of Income Tax-III and Others versus M/s. Wipro Limited in Civil Appeal No.1499 of 2022 would n....
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....te of filing of return under Sub-section (1) of Section 139 of the Act would be directory. 7. Reference to the aforesaid decision has no connection whatsoever remotely to the facts of the present case and therefore, in the facts of the present case, the Tribunal has rightly followed the decision of this Court in case of Sarvodaya Charitable Trust v. Income Tax Officer (Exemption) in Special Civil Application No. 6097 of 2020 decided on 09th December, 2020 as well as the decision in case of Social Security Scheme of GICEA (supra) to uphold the decision of the CIT (Appeals), wherein this Court has held that the approach of the authority in such type of cases should be equitable, balancing and judicious. In the facts of the case, when....
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....e assessee on technicalities. 9. The Ld. AR also drew our attention to the decisions of the coordinate bench of this Tribunal in the case of The Shakti Foundation v ITO in ITA No.226/Chny/2025 and Kaakkum Karangal v ITO in ITA No.1166/Chny/2024 wherein similar issues regarding delay in filing Form 10B were subject matter of consideration and the coordinate bench was of the view that the filing of Form 10B was only directory in nature and not mandatory. 10. In view of the above, the Ld.AR prayed that the assessee be granted exemption u/s. 11 since the filing of Form 10B is only directory and not mandatory in nature and that the substantive conditions for claiming exemption were fulfilled in the instant case. 11. On the other hand, t....
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.... * Puran Chand Arora Charitable Trust v ITO [2025] 172 taxmann.com 161 (Del. Trib) 14. We also note that the Delhi Bench of the Hon'ble Income Tax Appellate Tribunal in the case of Trilok Singh Bhandari Charitable Trust v ITO [2025] 174 taxmann.com 737 (Del. Trib) relying on the decision of the Hon'ble Madras High Court in the case of Chandraprabhuji Maharaj Jain (supra) held that the requirement of filing audit report in Form 10B before the due date as per Rule 12A(1)(b) is directory in nature and not mandatory. 15. We further note that the decision of the Ahmedabad Bench of the Hon'ble Income Tax Appellate Tribunal in Association of Indian Panelboard Manufacturer v DCIT [2022] 143 taxmann.com 418 (Ahmedabad Trib.) referred to by t....