" \n \nIN THE INCOME TAX APPELLATE TRIBUNAL \nNAGPUR BENCH, NAGPUR \n \nBEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND \nSHRI K.M. ROY, ACCOUNTANT, MEMBER \n \nITA no.1/Nag./2025 \n(Assessment Year : 2022–23) \n \nDeendayal Seva Pratishthan \nShakambhari, 5, Kale Layout \nWadgaon Road, Yavatmal 445 001 \nPAN – AAATD7507R \n \n……………. Appellant \n \nv/s \n \nIncome Tax Officer \nWard–4, Exemption, Nagpur \n \n……………. Respondent \n \nAssessee by : Shri Kishore B. Phadke \n \n \nRevenue by : Shri Abhay Y. Marathe \n \nDate of Hearing – 04/03/2025 \nDate of Order – 21/03/2025 \n \nO R D E R \n \nPER K.M. ROY, A.M. \n \n \n \nThe instant appeal by the assessee is emanating from the impugned \norder dated 21/10/2024, passed by the learned Commissioner of Income Tax \n(Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the \nassessment year 2022–23. \n \n2. \nIn its appeal, the assessee has raised following grounds:– \n \n“1. Appellant trust contends that the learned DCIT, CPC, Bengaluru \n(hereinafter referred to as the learned AO) erred in law and on facts in \nassessing total income of the appellant trust at Rs. 3,19,98,103/-instead of \nNIL income declared in the return of income. \n \n2. Appellant trust contends that Form 10B has been filed before filing the \nreturn of income and before due date u/s 139(1) of the ITA, 1961. As such all \nthe compliances were ensured by the appellant trust and therefore eligible for \nexemption u/s 11 of the ITA, 1961 for the amount actually spent for. \n \n3. The learned IT Authorities has erred both in law and facts of the case in \nholding that the appellant is eligible for deductions u/s 11 r.w.s.12A(1)(b) of \n\n2 \nDeendayal Seva Pratishthan \nITA no.547/Nag./2024 \n \nthe Act only if audited accounts and form 10B are filed along with Return of \nincome. Such conditional grant of benefit is against the true spirit intent of \ngranting such benefit under the schemes of the Act. \n \n4. The learned IT Authorities should have appreciated the fact that form 10B \nwas filed within time and only approval by the appellant trust was completed \nlater. Appellant trust contends that non filing/delay in filing Form No. 10B is \nmerely a technical default and is curable.” \n \n \n2. \nThe facts of the case lie in a narrow compass as to whether late filing of \nForm no.10B can scuttle the claim of exemption. In this regard, the learned \nAuthorised Representative for the assessee strongly submitted that the late \nfiling of audit report is not total to claim exemption under sections 11 and 12 \nof the Income Tax Act, 1961 (\"the Act\"). We find that the learned CIT(A) has \ndismissed the very same preposition by relying upon the judgment of the \nHon’ble Supreme Court in PCIT v/s Wipro Ltd., [2022] 446 ITR 1 (SC). The \ndelay in condonation in filing of Audit Report in Form no.10B was also \nrejected by the learned CIT(E), Pune, for the assessment year 2022–23. It is \nseen that the Audit Report was filed on 28/09/2022, under section 12A(1)(b) \nof the Act, but the same was verified by the Trust on 28/10/2022, due to \ntechnical difficulties. The return of income was filed on 28/10/2022. The Trust \nhas substantially complied with time limit of filing Form no.10B, as is evident \nfrom the affixture of digital signature by the Statutory Auditor. Thus, rejection \nof the same on a hyper–technical view is not countenanced simply because \nthe approval was done belatedly. . Therefore, grounds no.2 and 3, are \nallowed. Consequently, ground no.1, is thus rendered infructuous and needs \nno separate adjudication. \n \n \n \n \n \n\n3 \nDeendayal Seva Pratishthan \nITA no.547/Nag./2024 \n \n3. \nIn the result, appeal by the assessee is allowed. \nOrder pronounced in the open Court on 21/03/2025 \n \n \nSd/- \nV. DURGA RAO \nJUDICIAL MEMBER \n \n \n \n \n \n Sd/- \nK.M. ROY \nACCOUNTANT MEMBER \nNAGPUR, DATED: 21/03/2025 \n \nCopy of the order forwarded to: \n \n(1) \nThe Assessee; \n(2) \nThe Revenue; \n(3) \nThe PCIT / CIT (Judicial); \n(4) \nThe DR, ITAT, Nagpur; and \n(5) \nGuard file. \n \n \n \n \n \n \n \n True Copy \n By Order \nPradeep J. Chowdhury \nSr. Private Secretary \n \n \n \n \n \n \n \n \n \n Sr. Private Secretary \n ITAT, Nagpur \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n"