Ambica Education Trust Vs. Asst. Director of Income Tax, CPC

Parties Involved

Facts Summary

The assessee, Ambica Education Trust, is a registered charitable trust running an educational institution. For the Assessment Years 2019-20 and 2020-21, the trust filed its returns of income on 11-06-2020 and 09-01-2021, respectively, declaring nil income after claiming benefits under sections 11 of the Income Tax Act, 1961. The trust filed its Audit Report in Form 10B on 23-03-2020 and 08-02-2024, respectively. The Centralised Processing Centre, Bangalore, denied the benefits of Section 11 and 12 of the Act due to the belated filing of Form 10B and demanded tax. The assessee filed appeals against these orders, which were dismissed by the Additional Commissioner of Income Tax (Appeals). The assessee then appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the belated filing of Form 10B by the assessee should result in the denial of benefits under section 11 of the Income Tax Act?
• 2. Whether the Assessing Officer is justified in denying the benefits of section 11 merely due to the belated filing of Form 10B?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Vikalp Education Society Vs. DCIT

  Delhi Bench benchAY 2022-23Allowed

• The Word Vs. Assistant Commissioner of Income Tax

  Delhi Bench benchAY 2020-21Allowed

• Bansal Foundation

  Kolkata Bench benchAY 2022-2023Allowed

• Adv. Chandansinh Solanki Educational Trust Vs. ITO Exemption Ward, Mumbai

• Madhu Devi Saraf Educational Trust Vs DCIT, Central Circle-3(3), Kolkata

  Kolkata benchAY 2023-2024Partly Allowed

• Puran Chand Arora Charitable Trust vs. ITO, Exp. 2 (4)

  Delhi Bench ‘F’: New Delhi benchAY 2016-17Allowed