TaxTMI 
TaxTMI 
2025 (10) TMI 1243
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.... Vora for the petitioner and learned Senior Standing Counsel Ms. Maithili Mehta for the respondent. 2. Rule returnable forthwith. Learned Senior Standing Counsel Ms. Maithili Mehta waives service of notice of rule for and on behalf of the respondent. 3. Considering the controversy arising in this petition which is in narrow compass, with the consent of the learned advocates for the respective parties, the petition is taken up for hearing today. 4. By this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the Order dated 17.10.2023 passed by the respondent under Section 119(2)(b) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short) by which application preferred by the....
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....Thereafter, in the year 2022, the petitioner changed its Auditors and conducted routine compliance check wherein it came to the knowledge of the petitioner that there was outstanding demand of Rs. 30,95,448/- for A.Y. 2018-19. 5.4 It is the case of the petitioner that upon knowing the outstanding demand and reviewing the Income Tax Return for Assessment Year 2018-19 on e-filing portal and after taking the details of the audit report and concerned Chartered Accountant, it came to the knowledge of the petitioner that along with Audit Report, Form 10B had inadvertently not being filed by the Chartered Accountant along with Income Tax Return. On knowing the discrepancy, the petitioner approached its previous Auditors who, upon scrutinizing t....
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.... Aadinath Jain Derasar for over 40 years and is actively engaged in various activities aimed at promoting the philosophy of Jainism. Petitioner has filed Form 10 along with its return of income for A.Y. 2018-19 on 20.10.2018. Further, the details of audit report viz. name of CA, membership no., name and PAN of audit firm and date of report were duly mentioned in column J of ITR. Having no detailed knowledge of filing in taxation matters, the petitioner had allotted work of all the tax compliances to its Chartered Accountant and was under the bona fide belief that all the tax compliances must have been made along with filing of return. 6.1 It was further submitted by learned advocate Mr. Vora that the petitioner changed the auditor in the....
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.... operations and objectives of the trust, use of an email address is not a necessity. As a result, since none of the trustees or members regularly accesses this email ID, no one within the organization was aware of the intimation. It was only brought to the attention of the trustees when the new auditor conducted routine compliance checks. 7. Per contra, learned Senior Standing Counsel Ms. Maithili Mehta for the respondent relying on the affidavit-in-reply submitted that the contention raised by the petitioner that the mistake had occurred due to inadvertent mistake of the Chartered Accountant which resulted into delay of 1448 days, is not tenable inasmuch as the petitioner had filed the audit report and the consent form in all the preced....
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.... 9-2-1978, the CBDT had authorized the ITO to accept a belated audit report after recording reasons in cases where some delay he occurred for reasons beyond the control of the assessee. 4. Accordingly, in supersession of earlier Circular/Instruction issued in this regard, and with a view to expedite the disposal of applications filed by such trusts or institutions for condoning the delay in filing Form No. 10B and in exercise of the powers conferred under section 119(2) of the Act, the Central Board of Direct Taxes hereby directs that: (i) The delay in filing of Form No. 10B for AY 2016 17 and AY 2017-18, in all such cases where the Audit Report for the previous year has been obtained before the filing of return of income ....