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| The Tax Publishers2020 TaxPub(DT) 3800 (Jod-Trib) : (2020) 205 TTJ 0981 INCOME TAX ACT, 1961
Section 11
The claim of exemption under section 11 could not be denied to assessee society on the ground that the audit report was not filed online along with the return as the requirement of law that the assessee shall have its account audited, had been complied with within the time prescribed by the statute.
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Charitable trust - Exemption under section 11 - Denial on ground of audit report not filed online along with return -
Assessee society filed its return of income as 'nil' after claiming the exemption under section 11. AO on the ground that along with the return of income, the audit report in Form 10B was not filed online, disallowed the claim of exemption. Held: Assessee had obtained the audit report in Form No. 10B before the return was filed, and suo motu uploaded the audit report in Form No. 10B. Thus, the requirement of law that the assessee shall have its account audited, has been complied with within the time prescribed by the statute and therefore, the claim for exemption under section 11 could not be denied on the ground that the audit report was not filed online along with the return.
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2014-15
IN THE ITAT, JODHPUR BENCH
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