2026 (3) TMI 59

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....inafter referred to as 'the Act') relating to the Assessment Year 2021-22. 2. Brief facts of the case is that the assessee is registered charitable Society providing medical relief to General Public with the duly registered u/s. 12A and u/s. 80G(5) of the Act. The assessee filed its Return of Income for the Asst. Year 2021-22 on 10-03-2022 declaring total income of NIL after claiming exemption u/s. 11 of the Act amounting to Rs. 29,96,92,828/-. The return was processed u/s. 143(1) dated 26-08-2022 allowing the exemption u/s. 11 of the Act and refunded Rs. 30,38,090/-. Thereafter by suo moto rectification order u/s. 154 of the Act, the Computer Processing Centre, Bengaluru passed rectification order dated 07-03-2023 that Audit Report in F....

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....the exemption claimed u/s 11. 5.2 All the grounds of appeal raised by the appellant are against the denial of exemption u/s 11 of the Act. Facts involved in the issue is that the appellant filed return of income claiming exemption amounting to Rs. 2,99,692,828/- as per provisions of Section 11(1). However, as the audit report in Form 10B was not filed within specified date, exemption u/s 11 was denied. Appellant claimed that although the Form 10B was electronically filed within the specified date, it was accepted by the System after such date due to which it was showing as delayed submission. As per the provisions of sec. 12A(1)(b) of the Act, to be eligible for exemption u/s 11, the appellant was required to file audit report in F....

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....Ground of Appeal: "Whether on the facts and in circumstances of the case, Ld. CIT(A), NFAC is justified in deleting the addition of Rs. 29,96,92,828/- and allowing exemption u/s. 11 of the I.T Act as claimed in return." 5. Heard rival submissions and perused the materials available on record. It is undisputed fact that the assessee uploaded Audit Report in Form 10B within the extended period on 14-02-2022 due to some technical glitches. Though the CPC allowed the claim of exemption u/s. 11 in the 143(1) proceedings dated 26-08-2022 and refunded the tax due to the assessee Society, thereafter invoked suo moto rectification order denying the benefit of exemption on the sole ground that Audit Report in Form 10B filed belatedly. ....