2025 (1) TMI 596 - AT - Income Tax

Denial of Exemption claimed u/s 11 - Assessee not filed Form 10B before filing the said return - HELD THAT - In the present case, the Assessee filed return of income on 08/10/2022, wherein the Assessee claimed exemption u/s 11 of the Act. Due date for filing the Audit Report in Form No. 10B was 07/10/2022, however, the Assessee uploaded the Audit Report in Form No. 10B dated 23/09/2022 on 21/10/2022. Further, the assessment order came /intimation has been issued by the CPC on 31/03/2023 and as on the date of assessment, the Audit Report was very well filed by the Assessee. The only reason for denying the exemption that the Assessee has filed Audit Report in Form No. 10B beyond the extended due date. We find that similar issue has been considered in the case of CIT Vs. A K S Alloys Pvt. Ltd. 2011 (12) TMI 39 - MADRAS HIGH COURT wherein held that filing of Audit Report along with the Return is not mandatory, but directory and if the Audit Report was filed at any time before framing the assessment, the requirement of the provision of the Act should be held to have been met. Also see M/S SURYA MERCHANTS LTD. 2016 (5) TMI 947 - ALLAHABAD HIGH COURT . Thus, we hold that filing of audit report in Form 10B before the due date for filing of return of income u/s 139(1) is only directory and direct the A.O./CPC to allow exemption u/s 11 of the Act. Accordingly, the Grounds of Appeal of the Assessee are allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions addressed in this judgment are:

Whether the filing of the Audit Report in Form 10B after the extended due date disqualifies the Assessee from claiming exemption under Section 11 of the Income Tax Act, 1961.
Whether the requirement to file the Audit Report by the due date is mandatory or directory.
Whether the denial of exemption under Section 11 by the Assessing Officer (A.O.) and upheld by the Commissioner of Income Tax (Appeals) was justified.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Filing of Audit Report in Form 10B and Exemption under Section 11

Relevant legal framework and precedents:
Section 11 of the Income Tax Act, 1961, provides exemption for income derived from property held under trust for charitable or religious purposes. The filing of the Audit Report in Form 10B is required for claiming such exemption. The legal question revolves around whether this filing is mandatory by the due date or can be considered directory if filed before the completion of assessment.
Court's interpretation and reasoning:
The court relied on precedents from various High Courts, including the Madras High Court in CIT Vs. A K S Alloys Pvt. Ltd., which held that filing the Audit Report along with the return is not mandatory, but directory. The requirement is considered fulfilled if the report is filed before the assessment is completed.
Key evidence and findings:
The Assessee filed the Audit Report in Form 10B after the extended due date but before the completion of the assessment. The court found that the report was available at the time of passing the assessment order.
Application of law to facts:
The court applied the principle that the filing of the Audit Report is directory, not mandatory. Therefore, the Assessee's delayed filing did not disqualify them from claiming the exemption under Section 11.
Treatment of competing arguments:
The Revenue argued that the late filing disqualified the Assessee from exemption. However, the court, following established precedents, disagreed, emphasizing that the requirement is directory.
Conclusions:
The court concluded that the Assessee is entitled to the exemption under Section 11, as the Audit Report was filed before the assessment was completed.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning:
"The filing of audit report along with the return was not mandatory but directory and that if the audit report was filed at any time before the framing of the assessment, the requirement of the provisions of the Act should be held to have been met."
Core principles established:
The requirement to file the Audit Report in Form 10B is directory, and not filing it by the due date does not automatically disqualify the Assessee from claiming an exemption under Section 11, provided it is filed before the completion of assessment.
Final determinations on each issue:
The court allowed the Assessee's appeal, directing the A.O./CPC to allow the exemption under Section 11 of the Act, as the filing of the Audit Report was deemed to have met the statutory requirements.