2026 (9) TMI 1684

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.... The Ld. AR filed paper book containing 105 pages. The Ld. AR filed written submission. The relevant paragraphs of the written submitted are as under : "37. However, the Ld. CPC, Bengaluru had taxed the entire gross receipts claimed by the appellant trust on the ground that the appellant trust had not filed the Form 10B. 38. Even if Form 10B was not filed, still no provision of law allows the authority to completely tax the receipts without giving due consideration to the expenditures done in regard to the same. Such an act is untenable and not acceptable in the eyes of law. 39.However, it was not appreciated that the appellant trust had filed Form 10BB well within the prescribed time limit and there are various j....

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....to the provisions of mentioned clause/section, as applicable- * sub-clauses (iv), (v), (vi) and (via) of clause 23C of section 10 or Sections 11 and 12 of the Act, exceeds rupees five crores during the previous year, or * Auditee has received any foreign contribution during the previous year, or * Auditee has applied any part of its income outside India during the previous year. ➤ Form No. 10BB in other cases." 2.1 The Ld. AR relied on the following decisions : i. Indian Association of Parliamentarians on Population & Development Vs. Income Tax Officer, War Exemption-1(2), ITA No. 5202/DEL/2025. ii. Income Tax Officer, Mumbai Vs. P K Krishnan Educational Trust, Mumbai on 7 May,....

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....in Sr.no. 2 [exemption claimed u/s 11(1)(d)] and Sr.no. 4i to 4viii of Part B-TI is not allowed in accordance with the provisions of Section-12A(1)(b) of the Income tax Act. PS: Filing of Form 9A within due date is mandatory if there is claim of deemed application in Sr.no. 4iv of Schedule Part B-TI. Filing of Form 10 and return of income within due date is mandatory if claim of accumulation u/s 11(2) in Sr.no. 4vi of Schedule Part B-TI" 6. Aggrieved by the assessment order u/s 143(1) of the Act, the assessee filed an appeal before the Ld. Addl./JCIT(A) with a delay. The assessee filed elaborate condonation affidavit before the Ld. Addl./JCIT(A). The Ld. Addl./JCIT(A) has reproduced the condonation affidavit in the orde....