Mahaprabhu Ram Mulkh Hi-Tech Education Society v. The DCIT(E)(C-2)

Parties Involved

Facts Summary

The assessee, Mahaprabhu Ram Mulkh Hi-Tech Education Society, a charitable society registered under section 12AB of the Income-tax Act, 1961, filed an income tax return on 15.02.2021, claiming exemption under section 11 for revenue and capital expenditures. The Assessing Officer (AO) denied the exemption on the ground of late filing of the audit report in Form 10B. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) (CIT(A)), which was dismissed. The assessee then moved an application under section 119(2) for condonation of delay for the late filing of the audit report, which was accepted by the Commissioner of Income Tax (Exemption) (CIT(E)). The assessee appealed to the Income Tax Appellate Tribunal (ITAT) against the order of the CIT(A).…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) erred in denying the exemption under section 11 due to the late filing of the audit report in Form 10B?

Judgment Outcome

Decided in favour of Assessee.

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