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IN THE INCOME TAX APPELLATE TRIBUNAL

(DELHI BENCH: ‘C’: NEW DELHI)

BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER

AND

SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER,

ITA No:- 4944/Del/2025

(Assessment Year- 2023-24)

Indian Institute of Foreign Deputy Commissioner of

Trade, Income Tax,

B-21, IIFT Bhawan, Qutab Vs Circle Exempt 1(1),

Institutional Area, Shaheed Delhi,

Jeet Singh Marg, Civic Centre, New delhi-

New Delhi-110016. 110002.

PAN- AAATI0438E

Assessee Revenue

Assessee by Smt. Lalitha Krishnamurthy, CA

Revenue by Shri Dayainder Singh Sidhu,

CIT(DR)

Date of Hearing 20.01.2026

Date of Pronouncement 29.01.2026

ORDER

PER BRAJESH KUMAR SINGH, AM:

This appeal by the Assessee is directed against the order of Commissioner of

Income Tax (Appeal), ADDL/JCIT (A)-6, Mumbai, dated 16.06.2025 [hereinafter

referred to as the ‘Ld. CIT(A)’] arising out of the assessment order dated 18.11.2024

ITA No.- 4944/Del/2025

Indian Institute of Foreign Trade

intimation under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred

to as ‘the Act’) dated 18.11.2024 pertaining to Assessment Year (A.Y.) 2023-24

passed by the AO, CPC, Bengaluru. .

2. At the outset, the Ld. AR submitted that the assessee was disallowed its claim

for exemption u/s 11 of the Act on the ground that the assessee had filed the Auditor’s

report in Form 10-B 01.11.2023 for which the due date was 31.10.2023. The Ld.

AR further submitted that the Ld. CIT(A) dismissed the appeal of the assessee on

the ground that it constituted violation of the provisions of section 12A(1)(b) of the

Act. Further, the Ld. AR submitted that the Ld. CIT(E), Delhi vide his order u/s

119(2)(b) of the Act dated 18.12.2025 has condoned the aforesaid delay in filing of

the said Audit Report and the assessee company has filed a petition before the

Department for allowing the exemption u/s 11 of the Act, in view of the above

condonation. In this regard, the Ld. AR submitted that the matter be remitted back

to the file of the AO with suitable direction to him to verify the claim of the assessee

in view of the above condonation by the Ld. CIT(E), Delhi.

3. The Ld. CIT(DR) did not object to the same.

4. We have heard both the parties and perused the material available on record.

The Ld. CIT(E) vide his order dated 18.12.2025 u/s 119(2)(b) of the Act, has

condoned the delay in filing the Audit Report in Form 10B u/s 119(2)(b) of the Act.

The relevant extract of the said order is reproduced as under:

2

ITA No.- 4944/Del/2025

Indian Institute of Foreign Trade

“ Subject: Condonation for delay in filing Form 108 u/s 119(2)(b) - Approval Order

Order for Condonation of delay u/s 119(2)(b) of the Income Tax Act in filing of

Form 108 by the assessee for A.Y.2023-24

The applicant, Indian Institute of Foreign Trade, submitted an application for

condonation of delay in filing Form 10B for A.Y 2023-24 on 03.02.2025. As per

application, the assessee is registered u/s 12A of the Income Tax Act, 1961. The

applicant filed its Audit report in Form 10B on 01.11.2023 beyond 01 days' delay

as due date was on 31.10.2023.

2 In the present application, the assessee is seeking condonation of delay u/s

119(2)(b) of the Act in filing of Form 10B, by taking recourse to circular no.

16/2024 dated 18.11.2024 issued by the CBDT

3. In view of the circular no. 16/2024 dated 18.11.2024 issued by the CBDT in

respect of condonation of delay under section 119(2) (b) of the Act in filing of Form

108 and taking into consideration the submission of the applicant, it is held that

there was reasonable cause which prevented the applicant from filing the aforesaid

Form 10B for A.Y 2023-24 within stipulated time. Accordingly, the delay in filing

Form 10B for A.Y 2023-24 is hereby condoned

4 This order is only for the purpose of condonation of delay in filing Form10B of the

Income Tax Act, 1961 for A.Y 2023-24. No interest will be allowed on the refund

due to the assesse, if any, for the delay attributable to it.”

4.1 In view of the condonation of the delay in filing the Audit Rep