2026 (4) TMI 407

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....APL/S/250/2025-26/1076978837(1) on the following grounds of appeal: "1. For that on the facts and in the circumstances of the case, the Ld. CIT(A) erred in law and on facts in upholding the disallowance of exemption under section 1 of the Act. 2. For that on the facts and in the circumstances of the case, the Ld. CIT(A) failed to appreciate that the appellant trust had complied with all the conditions for claiming exemption u/s 11, including timely filing of Form 10BB on 29.10.2023, and thereafter report in correct Form 10B was filed on 29.03.2024. within the deadline prescribed by the CBDT circular No. 02/2024 dated 05.03.2024. 3. Without prejudice to the above, Ld. CIT(A) ought to have directed the A.Ο. ....

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.... the Board Circular and he also considered the arguments of the assessee that filing of Form No. 10B is procedural in nature and he relied on the judgment of the Hon'ble Apex Court in the case of PCIT-III Bangalore & Anr Vs. M/s Wipro Ltd. (SC), dated 11.07.2022 in Civil Appeal No. 1449 of 2022 and he also relied on the judgment of Hon'ble Apex Court in the case of CC Vs. Dilip Kumar & Company reported in 95 taxmann.com 327 since the assessee did not file Form 10B within the extended period. Therefore, he held that the order passed by the CPC is correct. 4. Aggrieved from the above order, the assessee filed appeal before the ITAT. 5. The Ld. Counsel reiterated the submissions made before the Ld. CIT(A) and submitted that filing of For....

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.... the orders of authorities below. As per the amended circular noted (supra) for the AY 2023-24, the assessee was required to file Form 10B instead of Form 10BB which was filed on 29.10.2023. I noted that in this case, Form No. 10B, 10BB was available before processing of return u/s 143(1)(a) of the Act. The case law relied by the Ld. Counsel noted (supra) in those cases the assessee has filed requisite form after the due date and they have been allowed exemption observing that filing Form No. 10BB is procedural in nature, but in the case on hand it is observed that the assessee filed Form No. 10BB on 29.10.2023 whereas it was required to file Form No. 10B which is still not file in this case, therefore, all case law quoted by the Ld. Counse....