Cosmopolitan Education Society vs. Assistant Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, Cosmopolitan Education Society, filed its return of income on 26.10.2019 claiming exemption of Rs. 19,19,54,063 under section 11 of the Income-tax Act, 1961. The Assistant Director of Income-Tax, CPC, Bangalore disallowed this deduction on the ground that the assessee failed to e-file the audit report in Form no. 10B on or before filing the return of income, which is mandatory. The assessee filed an appeal before the Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre, who dismissed the appeal due to the delay in filing Form 10B. The assessee then approached the Hon’ble High Court, which condoned the delay of 133 days. Consequently, the assessee’s appeal was allowed for statistical purposes by the Tribunal.…

Legal Issues

• 1. Whether the delay in filing Form 10B should have been condoned, allowing the exemption under section 11 of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• FRP Institute Vs. The Income Tax Officer, Exemption Ward-3, Chennai

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

  Ahmedabad bench

• Vikalp Education Society Vs. DCIT

  Delhi Bench benchAY 2022-23Allowed

• Bansal Foundation

  Kolkata Bench benchAY 2022-2023Allowed

• Nikhil Banga Kalyan Samity Vs. ITO, Ward-1(1), Exempt, Kolkata

• Khemka Charity Trust vs. Income Tax Officer (Exemption)

  Kolkata Bench benchAY 2018-19Allowed