M/s SSSS and SPAS Punyakshetra Temple Trust Vs. The Income Tax Officer

Parties Involved

Facts Summary

The assessee filed a return of income dated 15/03/2022 along with an audit report in Form 10B, which was supposed to be filed prior to one month to the date of return filing i.e. 15/02/2022. The exemption claimed by the assessee under section 11 of the Act in the absence of the audit report was denied in the intimation generated under section 143(1) of the Act. On appeal, the Additional Commissioner of Income Tax (Appeals) also confirmed the same. The assessee is in appeal before the Income Tax Appellate Tribunal (ITAT) against the order of the Additional Commissioner of Income Tax (Appeals).…

Legal Issues

• 1. Whether non-filing of Form 10B would vitiate the entitlement of the assessee for the benefits of section 11.
• 2. Whether the Assessing Officer can tax the entire receipts in such a situation.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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