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The HC allowed the petitioner's writ petition challenging denial of income tax exemption under Section 12A due to eight-day delay in filing audit report in Form 10B under Rule 17B. The court held that exemption should not be denied merely for delayed submission of audit report, which could be produced later before the Assessing Officer or Appellate Authority with sufficient cause. Considering the COVID-19 pandemic situation in March 2022 and technical difficulties cited by petitioner, which remained uncontested by revenue, the court found the Commissioner of Income Tax (Exemption) failed to apply conscientious mind properly. The matter was remitted to the Commissioner with directions to consider the audit report and grant consequential relief to petitioner for claiming Section 12A exemption.
The HC allowed the petitioner's writ petition challenging denial of income tax exemption under Section 12A due to eight-day delay in filing audit report in Form 10B under Rule 17B. The court held that exemption should not be denied merely for delayed submission of audit report, which could be produced later before the Assessing Officer or Appellate Authority with sufficient cause. Considering the COVID-19 pandemic situation in March 2022 and technical difficulties cited by petitioner, which remained uncontested by revenue, the court found the Commissioner of Income Tax (Exemption) failed to apply conscientious mind properly. The matter was remitted to the Commissioner with directions to consider the audit report and grant consequential relief to petitioner for claiming Section 12A exemption.
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