2025 (10) TMI 584

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....ffidavit dated 10.03.2025 stands filed. Main reason for the delay is on account of non communication about the impugned order from the earlier tax consultant who had received it on his e-mail address. Considering the fact that the assessee's are dependant upon tax consultants for filing of the appeal, after hearing Ld. Departmental Representative (DR) and on perusal of the records I find that the sufficient cause prevented the assessee from filing the appeal in time. The delay is not intentional and therefore following the ratio laid down by the Hon'ble Apex Court in the case of Collector, Land Acquisition vs. Master Katiji and Others(1987) 167 ITR 471(SC) (Supreme Court) and in the case of Inder Singh Vs State of Madhya Pradesh judgeme....

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....y in the field of Education and also runs a school in the name of Super English School at Sangli. During the F.Y. 2017-18 relevant to A.Y. 2018-19 gross Fees collection is Rs. 41,22,116/- and expenses towards administration and management of the school incurred at Rs. 35,20,913/- and also capital expenditure worth Rs. 4,75,078/- incurred towards laboratory items and other equipments. The return of income furnished on 31.08.2018 declaring Nil income. Audit report on Form 10B which was required to be uploaded upto 15.02.2018 was not filed. The CPC sent a communication to the assessee dated 04.12.2019 proposing the alleged adjustment for want of audit report on Form 10B and assessee was required to remove the defects within 30 days. The assess....

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....Form No.10B is directory in nature and the same should have been considered by Ld. CIT(A) while deciding the issue. 3. Ld. Departmental Representative supported the orders of the lower authorities. 4. We have heard both the sides and perused the record placed before us. We note that assessee holds valid registration u/s. 12A of the Act vide letter dated 13.03.2022, but has filed Form No.10B belatedly on 02.03.2022 and ld.CIT(A) who has also the co-terminus powers to that of ld. AO did not accepted the audit report filed on Form No.10B and denied the benefits of sections 11 and 12 to the assessee. 5. We note that the Coordinate bench, Surat in the case of S.M. K.R. Vashi High School Vs. ITO (Exemption) reported in 157 taxmann.com 702 (....