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TMI Blog2024 (12) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The AO denied the exemption claimed u/s. 11 of the Act on the ground that the assessee had not filed his audit report in 10B along with the return. Challenging the said order, the assessee filed an appeal before the Ld.CIT(A) and contended that the disallowance made by the AO is not correct when the assessee is having a valid registration u/s. 12A of the Act, therefore eligible for exemption u/s. 11 of the Act. The assessee further contended that the audit report in Form 10B was available as on 15/06/2017. But unfortunately, the assessee had by oversight failed to upload the same along with the return. In any event, the said return was later on filed by the assessee on 03/02/2023 vide acknowledgement no. 946782900030223. The Ld.CIT(A) wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LWASIE TRUST 195 ITR 825 Calcutta Savitri Foundation vs ITO (ITA 1925/Mum/2021) dated 1.8.2022" 4. At the time of hearing, the Ld.AR filed a paper book comprising the audited statements for the year 31/03/2017, audit report in form 10B, acknowledgement for filing form 10B, approval for registration u/s. 12A of the Act, assessment order made for the assessment years 2016-17, 2015-16 and 2014-15 and also filed copies of the Tribunal orders in support of their argument. The Ld.DR on the other hand, submitted that the audited report was admittedly not filed in time and therefore prayed not to consider the appeal of the assessee. 5. We have heard the arguments of both sides and perused the materials available on record. 6. The only dispute i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed charitable trust under the provisions of the Act. When the registration is still in existence and also in view of the fact that the assessee was granted the exemptions for the earlier years that is for 2014-15, 2015-16 and 2016-17, the denial of exemption in respect of the A.Y. 2017-18 that too on technical grounds is not correct. Further, the assessee had also uploaded the audit report and also filed the acknowledgement received by the department. 7. We have also perused the judgment of the Hon'ble Calcutta High Court reported in 195 ITR 825 in the case of Rai Bahadur Bissesswarlal Motilal Malwasie Trust in which the Hon'ble High Court held as follows: "in the instant case, the assessee, for the past several years, was treated as a c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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