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1 - 7 of 7 (0.42 seconds)Section 12 in The Income Tax Act, 1961 [Entire Act]
Section 12A in The Income Tax Act, 1961 [Entire Act]
The Code of Civil Procedure, 1908
Social Security Scheme Of Gicea, ... vs The Cit (Exemption), Ahmedabad on 14 July, 2022
8. The appellate proceedings being the continuation of
assessment proceedings merely because the assessee has not
furnished at the threshold i.e. furnishing the audit report along with
return of income, but filed during the assessment proceedings, and
available even during the appellate proceedings, it cannot be stated
that the assessee has failed to comply with the provisions so as to
deny substantial justice by way of granting exemption. The Hon'ble
Jurisdictional High Court in a recent decision in Social Security
Scheme of GICE Vs. CIT(E) (supra) in the matter of exemption
provisions contained in section 11/12 of the Act, requiring filing of
Form 10B alongwith return of income for claiming exemption, held
the requirement of furnishing of report to be a mandatory
requirement while that of filing the report alongwith return of income
to be a procedural requirement. Conclusion made by the Hon'ble
jurisdictional High Court is as under:
Sarvodaya Charitable Trust vs Income Tax Officer (Exemption) on 14 October, 2020
In the case of Sarvodaya
Charitable Trust (supra) the assessee had produced the audit report
after processing the return under section 143(1). This Court in the
said order has observed that the approach of the authority in these
type of cases should be equitable, balancing and judicious.
Technically speaking, respondent No. 2 might be justified in denying
the exemption under section 11 of the Act by rejecting such
condonation application, but an assessee, which is a public charitable
trust for past 30 years which substantially satisfies the conditions for
ITA No.209/Ahd/2022
6
availing such exemption, should not be denied the same merely on
the bar of limitation especially when the legislature has conferred
wide discretionary powers to condone such delay . Applying the said
principle, the petition is allowed. The impugned order passed by
respondent dated 12-3-2021 is quashed and aside. The impugned
order of rectification under section 154 of the Act dated 25-1-2019 is
also quashed and set aside. The application for condonation of delay
filed by the petitioner before the respondent is allowed."
Section 154 in The Income Tax Act, 1961 [Entire Act]
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