2026 (4) TMI 1303

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..... Priyanka Patel, Sr. DR ORDER PER PARTHA SARATHI CHAUDHURY, JM The present appeal preferred by the assessee emanates from the order of the Ld.CIT(Appeals)/NFAC, dated 02.01.2026 for the assessment year 2018-19 as per the grounds of appeal on record. 2. The relevant facts in this case are that the assessee is a charitable institution registered under the C.G. Society Act and u/s.12A of....

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....have to be complied with as stipulated u/s. 12A of the Act including requirement for filing of the audit report a/w. the return of income. In the present case, the return of income for A.Y.2018-19 was filed on 27.10.2018 in ITR-7 declaring nil income. The audit report in Form 10B was filed just on the next date i.e. on 28.10.2018 when already the CBDT vide its circular dated 08.10.2018 had extende....

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....ion), ITA No.476/RPR/2025, A.Y.2018-19, dated 09.09.2025 relying on the decision in the case of ITO Vs. Takshshila Foundation (2024) 208 ITD 677 and Sirur Shikshan Prasarak Mandal Vs. ACIT (2024) 166 taxmann.com 525 had provided relief to the assessee directing the CPC to provide exemption to the assessee holding that the requirement of Section 12A of the Act has been complied with since the asses....

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.... delay in filing Form 10B vested only with CIT (Exemption) and not with CIT(Appeals) or Addl. CIT (Appeals)...". This observation is absolutely misplaced with the facts of the present case since in the present case, when the due date has been extended upto 31.10.2018 and the audit report in Form 10B has been filed by the assessee on 28.10.2018, there is no delay at all in filing such audit report,....