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2026 Supreme(Online)(ITAT) 9511

INCOME TAX APPELLATE TRIBUNAL (CHENNAI BENCH)
PADMAVATHY S, Accountant Member, MANU KUMAR GIRI, Judicial Member
CEOA EDUCATIONAL SOCIETY – Appellant
Versus
ACIT EXEMPTIONS – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R. Viswanathan, C.A.
For the Respondents: Ms. R. Anitha, Addl. C.I.T.

Table of Content
1. factual background of form 10bb filing delay (Para 2)
2. cit(a) dismissal and assessee's pune tribunal reliance (Para 3 , 4)
3. pune tribunal allows exemption despite late form 10bb (Para 5)
4. revenue argues strict interpretation against late filing (Para 6 , 7)
5. assessee counters with directory nature of form 10bb (Para 8)

ORDER

PER MANU KUMAR GIRI, JM:

This appeal filed by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2018-19 dated 29.08.2025.

2. Facts of the case are as under: The appellant submitted its return of income on 26.10.2018 within the prescribed due date, declaring a total income of Nil, as it had obtained approval for exemption under Section 10(23C).

However, due to an inadvertent error in the auditor’s office, Form 10B was filed on 26.10.2018 (Acknowledgment No. 348247361261018), under the mistaken belief that it was the correct form. Upon receipt of the notice, this mistake was identified. Immediately thereafter, the auditor rectified the error by filing the revised return in Form 10BB on 04.07.2020 (Acknowledgment No. 380701291040720

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