Form 10b and itr

for AY 2018-19 AND AY2019-20 form 10B was filed after ITR but form 10b was filed before due date .
AO disallowed exemption u/s11 and raised demand on the ground of late filing of form 10B.

is that right or wrong as form 10B was filed before it's due date?
Replies (4)
Quick Summary
This discussion addresses a scenario where Form 10B was filed after the Income Tax Return (ITR) but before its due date for AY 2018-19 and 2019-20. The Assessing Officer (AO) disallowed an exemption under Section 11, citing late filing of Form 10B. While the AO's action is technically correct based on Rule 12(2) of the IT Act, which requires the audit report to be filed before the ITR, the nature of the assessee being a charitable trust or institution is crucial. It's suggested to research High Court rulings that might favour the assessee in such cases.

As per Rule 12(2) of IT act, the audit report needs to be filed on or before filing return.

The action of department is technically correct.
however you may try to search for high court rulings in favour of assessee
This discussion stands very irrelevant without mentioning the nature of assesse.
Query related to form 10b itself clarifies the nature of assesse is charitable trust or institution

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