Madhu Devi Saraf Educational Trust Vs DCIT, Central Circle-3(3), Kolkata
Parties Involved
Facts Summary
This is an appeal filed by the assessee, Madhu Devi Saraf Educational Trust, against the order dated 29.08.2025, passed by the Id. CIT(A), Kolkata-21, for the assessment year 2023-2024. The assessee had filed its return of income along with the necessary Form 10B on 04/10/2023, which was a wrong form. The due date for filing the return was 31/10/2023. The correct form was filed on 23/01/2025 during the assessment process. The Assessing Officer denied the assessee the benefit of exemption under sections 11 & 12 of the Act, stating that the correct form was filed late and condonation of delay was not available. The assessee prayed that the AO may be directed to consider the correct form filed on 23/01/2025 and complete the assessment.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the filing of the correct Form 10B after the due date should be considered by the Assessing Officer.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
2 precedents cited in this judgement.
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