2024 (11) TMI 1248

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....Shri Sanjay Kumar, Sr. DR ORDER PER NAVEEN CHANDRA, ACCOUNTANT MEMBER:- This appeal by the assessee is preferred against the order of the NFAC, Delhi dated 12.02.2024 pertaining to A.Y 2019-20. 2. The grievances of the assessee read as under: "1. On the facts and circumstances of the case learned NFAC, JCIT (A) erred in confirming the LD AO's view of disallowing the applic....

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....lt on his part. 4 Learned NFAC, JCIT (A) has erred in law and on facts in not giving proper opportunity to the Assessee to be heard 5 Learned NFAC, JCIT(A) wrongly did not allowed the condonation on delay in filing audit report. 6 On the facts and circumstances of the case and in law, the order of the learned NFAC, JCIT (A) is bad in law and is against the tenets of natu....

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....lication of income is that the audit report was not filed alongwith Form No. 10B with the return of income but was filed on 09.06.2020. 6. The assessee preferred an appeal before the ld. CIT(A) and explained that the audit report and Form 10B was obtained by the assessee much before the filing of return of income and since the audit report has been obtained prior to the filing of the return, th....

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....020 and Circular 16/2022 dated 19.07.2022 have mandated condonation of delay upto 365 days for delay in filing Form 10B for AY 2018-19 or for any subsequent AYs. 9. In the light of above discussion, we direct the Assessing Officer to admit the audit report with Form 10B and decide the issue afresh as per provisions of law. In that view of the matter, in the interest of justice and fair play, we....