Dy. CIT (Exemption), Bhopal vs. Indus Education and Research Institute, Raipur

Parties Involved

Facts Summary

The assessee, Indus Education and Research Institute, Raipur, filed an income return on 28.09.2018 declaring total income of Rs. Nil after claiming exemption under section 11. The assessee filed an audit report in Form No. 10B on 05.10.2018. The return was processed by the Assessing Officer (AO) vide intimation dated 10.11.2019 under section 143(1) of the Income-tax Act, 1961, wherein the exemption claimed by the assessee under section 11 was denied on account of non-filing of the auditor’s report before filing the return of income. The assessee carried the matter in first-appeal. The Commissioner of Income-Tax (Appeals) (CIT(A)) passed an order granting relief to the assessee. The revenue was aggrieved by the order of the CIT(A) and filed an appeal. The Tribunal upheld the order of the CIT(A) and dismissed the revenue’s appeal.…

Legal Issues

• 1. Whether the Ld. Addl/ Jt. CIT(A) has erred in allowing the delayed filing of Audit Report in Form 10B by the assessee?
• 2. Whether the Ld. Addl/ Jt. CIT(A) has erred in interpreting the timeline extension done by CBDT from 18.10.2018 to 31.10.2018?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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