TaxTMI 
TaxTMI 
2026 (6) TMI 1167
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....ion 250 of the Income Tax Act, 1961 for the A.Y.2016-17 & 2018-19 respectively. 2. Since identical facts are issues involved in both the appeals, these appeals were heard together and are being disposed of by this common order. 3. For the sake of convenience and clarity, the facts relevant to the appeal in ITA No.519/CHNY/2026 for A.Y.2018-19 are stated herein : 4. The Assessee for Assessment Year 2018-19 filed the following grounds of appeal : "Ground No:1: The Intimation passed u/s. 143(1) dated 31.12.2020 is barred by limitation. 1. As per the 2nd proviso to Section 143(1), the time limit for passing an intimation u/s. 143(1) is One year from the end of the Financial Year in which the return is made. The provis....
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....g the due date for filing the Income tax returns and the audit Reports from 30 September 2018 to 31 October 2018. 3. Also both the Income tax Return as well as the Audit Report in Form 108 were available on the record of the Asst. Dir of Income Tax CPC as on the date of passing of the Intimation u/s. 143(1) on 31.12.2020, which have not been considered. 4. The Appellant relies upon the decision of Shri Vetri vinayagar Education Trust Vs. ITO of Sri Vetri Vinayagar Educational Trust Vs ITO Exemptions in ITA No.903 /2023 dated 13.12.2023, where the Chennai Bench of the ITAT had held that Mere non filing of Audit Report in Form 10B along with the Income Tax Returns, could not be a ground for denial of exemption. Grou....
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....Appellant submits that all the necessary conditions for grant of exemption have been complied with, which are as follows: a. the Trust is registered; b. it has complied with all the Conditions for claiming the exemption under section 11; c. It has filed the Returns of Income as well as the Audit Report in Form 10B well within the time limits provided u/s. 139." ITA No.519/CHNY/2026 5. Briefly the facts of the case are that appellant is a Charitable Trust formed with the object of providing education. It was duly registered u/s. 12A of the Income Tax Act vide Registration No.DIT(E) No.902/08-09 dt 29.01.2009. The appellant trust filed Return of Income for the Assessment Year 2018-19 on 01.10.2018 disclosing N....
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....t solely for the reason that the prescribed report in Form 10B was filed belatedly. Admittedly, the appellant has filed prescribed Audit Report in Form 10B on 08.10.2018. However, the Return of Income was filed on 01.10.2018. The return of income was processed by CPC u/s. 143(1) vide intimation dated 31.12.2020 denying exemption u/s. 11 solely for the reason that the prescribed Audit Report in Form 10B was not filed along with the Return of Income. Thus, it is clear that the prescribed Audit Report was very much available with the CPC at the time of processing Return of Income and no prejudice caused to the Department on account of belated filing of Audit Report. Therefore, CPC was not justified in denying the exemption u/s. 11 of the Act. ....