Condonation of delay in Form 10B filing granted where bona fide omission could have affected exemption claims.

Delay in filing Form 10B audit report may be condoned under section 119(2)(b) where the omission is bona fide and the report has already been filed, especially if refusal would prejudice exemption claims. The text treats the chartered accountant's unintentional omission after introduction of online filing, together with the assessee's charitable activities and the honest explanation offered, as relevant grounds for relief. It states that the delay was condoned and the refusal order was set aside, subject to costs.

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Issues: Whether the delay in filing audit report in Form 10B could be condoned under section 119(2)(b) of the Income-tax Act, 1961.

Analysis: The delay was explained as arising from an unintentional omission by the chartered accountant in relation to online filing newly introduced for the relevant period. The audit report had already been filed, and refusal to condone the delay would adversely affect consideration of exemption claims. The petitioner's charitable activities and the honest nature of the explanation were treated as relevant circumstances supporting relief.

Conclusion: The delay was condoned and the refusal order was set aside, in favour of the assessee, subject to costs.

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