2025 (7) TMI 1921

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....ates to challenging the order of the Ld.CIT(A) confirming the action of the Assessing Officer in denying the claim of deduction under section 11 of the Income-tax Act, 1961 on account of late filing of Form 10B of the act. 3. We have heard the arguments of both the counsels, perused the materials placed on record, judgements cited before me and also the order passed by the revenue authorities. 4. From the records we notice that the Assessing Officer denied the claim of exemption under section 11 of the Act on account of delay in filing audit report in Form 10B. We noticed that the said issue has already been discussed and decided by co-ordinate benches of the Tribunal and also the Hon'ble High Court and Hon'be Supreme Court in the fol....

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....ike date of submission of audit report dated 3/09/2022 by generating UDIN dated 3/09/2022. It was submitted that due to frequent changes in software glitches the error of uploading audit report form 10B on income tax portal had happened. Although the audit report form 10B was signed with UDIN dated 3/09/2022 and thereafter income tax return was also filed on 1/10/2022 within due date. But the audit report form 10B could not be uploaded by the assessee on the portal within due date because of software glitches as it was showing technical error. It is pertinent to mention here that the date of signing of form 10B is 3/09/2022 and in this way, there was delay of 137 days in uploading audit report on the portal. However, because of this delay, ....

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....ot uploading signed audit report, form 10B because of software glitches. Therefore, I direct to condone the delay of 137 delays in uploading audit report on the portal and to allow the claim of exemption of income under section 11 of the Act for application of income of the assessee, if otherwise found entitled." 5. After going through the orders cited before us, facts and circumstances of the case and also keeping in view the decision of the co-ordinate benches, we are of the view that the requirement of filing audit report in Form 10B is directory and not mandatory and exemption under section 11 of the Act cannot be denied only on account of delay in filing of audit report in Form 10B. As in the present case, according to the assessee,....