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Late filing of Form 10B in case of trust

CA Giriraj Vijaykumar Gandhi (Chartered Accountant) (39 Points)

27 November 2019

I have received an order stating exemptions u/s 11 and 12 will not be allowed as audit report i.e. Form 10B is not filed within due date. Based on this I have received demand notice. Please help if I can get the delay condoned.

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9 Replies

Kapadia Pravin (17259 Points)
Replied 28 November 2019

For which AY it is ?

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CA Giriraj Vijaykumar Gandhi (Chartered Accountant) (39 Points)
Replied 28 November 2019

For AY 2016-17, 17-18, 18-19.

Kapadia Pravin (17259 Points)
Replied 28 November 2019

For AY 2016-2017 and AY 2017-2018
there is CBDT notification for condonation of delay in filing Form 10B.

For AY 2018-2019 , you have to apply under 119(2)(b) to jurisdictional CIT for condonation of delay and after obtaining approval you can file Form 10B.

CA Giriraj Vijaykumar Gandhi (Chartered Accountant) (39 Points)
Replied 29 November 2019

Thanks, can you please share the notification or number of the notification.

Kapadia Pravin (17259 Points)
Replied 29 November 2019

Condonation of delay in submitting Form 10B –
Earlier Circular

Condonation of delay in filing of Form no. 10B for years prior to AY 2018- 19 allowed for belated returns

CIRCULAR No. 10/2019

F.No. 197/55/20 18-ITA-I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

North Block, New Delhi the 22nd May, 2019

Subject: Condonation of delay in filing of Form no. 10B for years prior to AY 2018– 19–reg.

Under the provisions of section 12A of Income-tax Act, 1961 (hereafter ‘Act’) where the total income of a trust institution as computed under the Act without giving effect to the provisions of section 11 and section 12 exceeds the maximum amount which is not chargeable to income-Lax in any previous year, the accounts of the trust or institution for that year have to be audited by an accountant as defined in the Explanation below sub section (2) of abcaus.in section 288 and the person in receipt of the income is required to furnish along with the return of income for the relevant assessment year the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed.

2. As per Rule 17B of the Income-tax Rules, 1962 (hereafter ‘Rules’ the audit report of the accounts of such a trust or institution is to be furnished in Form no. 10B. As per Rule 12(2) of the Rules, abcaus.in such audit report is to be furnished electronically. The failure to furnish such report in the prescribed form along with the return of income results in disentitlement of the trust from claiming exemption under sections 11 and 12 of the Act.

3. Representations have been received by the Board/field authorities stating that Form no. 10B could not be filed along with the return of income for AY 2016-17 and AY 2017-18. It has been requested that the delay in filing of Form no. 10B may be condoned. Previously, vide instruction in F. No. 267/482/77-IT(part) dated 09.02.1978, the CBDT had authorized the ITO to accept a belated audit report after recording reasons in cases where some delay has occurred for reasons beyond the control of the assessee.

4. Accordingly , in supersession of earlier Circular / Instruction issued in this regard, and with a view to expedite the disposal of applications filed by such trusts or institutions for condoning the delay in filing Form 10B and in exercise of the powers conferred under section 119(2) of the Act, the Central Board of Direct Taxes hereby directs that:

(i) The delay in filing of Form 10B for AY 2016-17 and AY 2017-18, in all such cases where the Audit Report for the previous year has been obtained before the filing of return of income and has been furnished subsequent to the filing of the return of income but before the date specified under section 139 of the Act is condoned.

(ii) In all other cases of belated applications in filing Form no. 10B for years prior to AY 2018-19, the Commissioners of Income-tax are authorized to admit such applications for condonation of delay u/s 119(2)(b) of the Act. The Commissioners will while entertaining such belated applications in filing Form no. 10B shall satisfy themselves that the assessee was prevented abcaus.in by reasonable cause from filing such application within the stipulated time. Further, all such applications shall be disposed off by 30.09.2019.

(Rajarajeswari R.)
Under Secretary to the Government of India

Condonation of delay in filing Form no. 10B for AY 2016-17 & 2017-18. Deadline extended to 30.09.2020 for belated applications.

Condonation of delay in filing Form no. 10B

Circular No. 28/2019

F.No.197/55/2018-ITA-I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North Block, New Delhi,

Dated: 27th September, 2019

Sub: Clarification on delay in filing of Form no. 10B for AY 2016-17 and AY 2017-18 -Board’s order under section 119(2) of the Income-tax Act, 1961 –reg

In supersession of this office Circular No. 10 dated 22.05.2019 on the above mentioned subject, the date mentioned in sub para (ii) of para 4 may be read as 31.03.2020 instead of 30.09.2019.

(Gulzar Ahmad Wani)
DCIT (OSD) ITA-I

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Shruti Kuchhal (2 Points)
Replied 30 November 2019

Hi I have filed the return for the AY 19-20 on 26 Sept 2019 however form 10 b was not uploaded along with itr however I uploaded the same on 21 nov 2019 on finding that the same was not uploaded. What are the consequences of the same

Kapadia Pravin (17259 Points)
Replied 30 November 2019

@ Shruti
As you have uploaded the same , please check the status of return on the eFiling portal.

What is the date on which Form 10B was signed by the auditor ?

Right now there is nothing to worry. Though 10B is filed late , it will hopefully be accepted under internal instructions of CBDT and CPC.

The consequences are very severe in as much as you can not claim any expenses and spendings from the receipt of incomes.

No trust benefits /deductions will be available .

CA Shruti kuchhal (CA ) (427 Points)
Replied 04 December 2019

@ Pravin

Thanks for reply but the Form 10 B was singed on 26.09.2019. Will the exemption will be made available???

sonal (md) (22 Points)
Replied 20 June 2020

Hi I have filed the return for the AY 19-20 on 23 Oct 2019 however form 10 b was not uploaded along with itr however I uploaded the same on 26 Oct 2019 on finding that the same was not uploaded. However, the date of signing of audit report is 23rd oct 2019. Now, i have received notice from department that the exemption / deduction is disallowed and the same leads to huge tax liability What is the way out?

Can i file a condonation now? if yes, then where and how can i file it?