Ujagar Research Foundation Vs. The Income-tax Officer

Parties Involved

Facts Summary

The assessee, Ujagar Research Foundation, a trust engaged in social services, filed its original Return of Income for the A.Y 2019-20 on 30.09.2019, declaring total income at Rs. 50/-. The assessee received a notice of infirmity for not filing Form No. 10B, which was required to be filed. The assessee filed a revised return on 06.01.2020 but did not file Form No. 10B. The return was processed under section 143(1) determining the income at Rs 14,78,650/- by denying the benefit of section 11 and 12 of the I T Act. The main reason for disallowing the application of income was that the audit report was not filed along with Form No. 10B with the return of income but was filed on 09.06.2020.…

Legal Issues

• 1. Whether the NFAC, JCIT (A) erred in disallowing the application of income on the pretext of non-filing of form 10B before filing of return?
• 2. Whether the NFAC, JCIT (A) erred in rejecting the claim of application and treating the same to be the income?
• 3. Whether the NFAC, JCIT (A) erred in not considering the fact that the assessee was misinformed by a professional without any fault on his part?
• 4. Whether the NFAC, JCIT (A) erred in not giving proper opportunity to the Assessee to be heard?
• 5. Whether the NFAC, JCIT (A) wrongly did not allow the condonation on delay in filing audit report?

Judgment Outcome

Decided in favour of Assessee.

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