TaxTMI 
TaxTMI 
2026 (6) TMI 288
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....referred to as the 'Act), for the A.Y. 2017-18, wherein ld CIT(A) has dismissed assessee's appeal against the rectification order dated 30.01.2023 passed u/s. 154 of the Act. 2. At the very outset, it is noticed that according to the report submitted by the registry, the appeal is time barred by 37 days. Ld representative for the appellant assessee has drawn the attention of the bench towards assessee's delay condonation application, wherein, it has been stated that the said delay is caused due to change of assessee's advocate, who was handed over the impugned appellate order by the former advocate, late. The application supported with the affidavit filed by Mr. Amit Dubey, principal officer of assessee (A.O.P). In view of the cause supp....
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....s. 282.12 lakhs. The copy of audited report in form 10B was also submitted. Assessee further submitted that the expenditure so incurred are allowable expenditure. The assessing officer stated that he aforesaid details of expenditure were not found in the income tax return. The audited report in form 10B was furnished only on 21.12.2022 in response to the query letter dated 12.12.2022, whereas assessee had filed ITR without form 10B. Assessee filed audit report in form 10B on 13.06.2022 by a delay of 4 years and 8 months. The condonation of delay application filed by the assessee u/s. 119(2)(b) of the Act before the CIT(Exemption), Bhopal was rejected vide order dated 23.01.2023. In such circumstances the assessing officer did not consider t....
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....ed in confirming the disallowance of expenditures claimed by the assessee due to non filing of audit report in form 10B of the Act, at the time of filing income tax return, despite the registration of assessee trust u/s. 12(AA) of the Act, since 2001? 8. Ld representative for the assessee has submitted that assessee could not file the audit report inform 10B at the time of filing ITR, however, the same was filed during the rectification proceedings, exhibiting all required details of expenses. Assessee's claim has been wrongly rejected without taking the report into consideration, merely on the ground of delay in filing report in form 10B. The delay in filing audited report cannot be the sole ground for rejection of exemption u/s. 12AA. ....
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....om exhibiting its revenue/capital expenditures in the income tax return and non filing of mandatory audited report in form 10B on or before due date and before with filing of ITR can be allowed to stand, declining the credit of expenditures claimed by the assessee. 11. It will be relevant to note that the law is nothing but an uncommon common sense. Any rule of procedure is only a tool for justice and if necessary, can be moulded to decide the real controversy. Procedural laws provide for natural way of doing things and do not bar even for adoption of additional procedure, as and when the situation may demand. There has to be a human approach in following the procedure prescribed so that it serves the ends of justice and it should not be....