TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 1146
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....upported by an affidavit explaining the reasons for such belated filing. In the said petition, the assessee has, submitted that the delay occurred on account of pursuing alternate remedy. The ld.DR, on the other hand, has vehemently opposed the condonation of delay and contended that the assessee has failed to demonstrate any justifiable or bona fide reason warranting condonation under law. We have carefully considered the reasons adduced by the assessee in the condonation petition. Upon due consideration, we find that the explanation tendered by the assessee is reasonable, bona fide and supported by sufficient cause. It is a settled principle of law that when substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, as held by the Hon'ble Supreme Court in various judicial pronouncements. In the totality of facts and circumstances, and being satisfied that the assessee was prevented by reasonable and sufficient cause from filing the appeal within the stipulated period, we hereby condone the delay of 198 days in filing the present appeal. The appeal is thus admitted for adjudication on merits. 3. The....
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....to furnish the audit report in Form No.10B on or before the due date of filing the return of income. It was noted by the ld.JCIT(A) that the assessee had uploaded the audit report in Form No.10B on 04.09.2019, which was subsequent to the filing of the return of income. The ld.JCIT(A) therefore held that he was not vested with the authority to condone the delay in furnishing the said audit report. Consequently, the ld.JCIT(A) upheld the action of the CPC in denying the assessee's claim of exemption u/s. 11 of the Act and dismissed the appeal of the assessee. 6. Aggrieved of the above order of the ld.JCIT(A), assessee is in appeal before us. 7. The ld.AR appearing on behalf of the assessee submitted that the extended due date for filing the return of income for the impugned assessment year was 31.10.2019, and consequently, the due date for furnishing the audit report under the provisions of the Act was 30.09.2019. It was contended that the assessee had duly furnished the audit report in Form No. 10B on 04.09.2019, which is well within the prescribed statutory due date. The ld. AR further submitted that the mere fact that the audit report in Form No. 10B was uploaded after the f....
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....uly registered u/s. 12A of the Act and had filed its return of income on 31.08.2019 declaring 'Nil' income. It is observed that the audit report in Form No.10B was duly uploaded on 04.09.2019, whereas the statutory due date for furnishing the said audit report under the Act was 30.09.2019. Hence, it is evident that the assessee had furnished the audit report within the prescribed due date, though there was a gap of four days between the date of filing of the return and the uploading of the audit report. 10. It is a settled position of law, as consistently held in a catena of judicial pronouncements, that the requirement of filing the audit report along with the return of income is directory and not mandatory in nature. It has been further held that exemption u/s. 11 of the Act cannot be denied merely on account of procedural or technical lapses, provided the substantive conditions prescribed under the law are duly complied with. In the present case, it is not the case of the Revenue that the assessee is otherwise ineligible to claim exemption u/s. 11 of the Act. 11. We, therefore, hold that once the assessee in the peculiar facts of the case has obtained and furnished the aud....
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....e jurisdictional High Court in the case of CIT v. SPIC Educational Foundation (TCA No.1593 of 2008 dated 12.12.2018 and of Hon'ble Bombay High Court in the case of Xavier Mandel Pvt Ltd. As regards decision of Hon'ble Coordinate bench of this tribunal in the case of Kakkum Karangal ITA No.1166/Chny/2024 the following was held:- "....10. For completeness, we make it clear that the Ld.CIT(A) erred in rejecting the appeal preferred by the assessee on a ground which was not raised/flagged by the CPC i.e. delay of less than one month in filing / uploading of Audit Report. In this context, it is noted that such an issue is no longer res integra i.e. filing of Form 10AB (Audit Report) would be directory in nature and as such if the assessee files the Audit Report before completion of assessment, then, the same should be considered by the Income Tax Authorities for processing of the assessment/appellate order (refer the Hon'ble Gujarat High Court decision in the case of Indian Panel Board Manufacturer v. DICT (ITA No.655 of 2022 dated 21.03.2022) and also the decision of the Hon'ble Madras High Court in the case of Chandraprabhuji Maharaj Jain v. DCIT reported in 110 Taxmann.com 1....