2026 (7) TMI 1597

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....ENTHILKUMAR RAMAMOORTHY For the Petitioner(s): Mr. A. Sanjay Arvind for Mr.Rajnish Pathiyil For the Respondent(s): Mr. V.J. Arulraj Senior Senior Standing Counsel COMMON ORDER The petitioner had applied for condonation of delay in filing Form 10B for assessment years 2019-20 and 2020-21 under Section 119(2)(b) of the Income-Tax Act, 1961 (the I-T Act). 2. Learned counsel for the pet....

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....lure to file the audit report during the relevant period. He also points out that the audit reports were received by the petitioner sufficiently in time to enable filing along with the return of income. Referring to Circular No.16 of 2024 dated 18.11.2024 of the CBDT, learned standing counsel, submits that said circular is binding on the income-tax authorities. 4. Section 119, in relevant part,....

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....the Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorise [any income-tax authority, not being [a Joint Commissioner (Appeals) or] a Commissioner (Appeals)] to admit an application or claim for any exemption, deduction, refund or any other relief under this Act after the expiry of the period....

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....of such exemptions is contingent on filing a income accompanied by the audit report in Form 10B. The audit each relevant assessment year, was filed a few days after filing the income. The petitioner was about 70 years old at the relevant time. The petitioner, however, cannot entirely be absolved of responsibility. 6. Considering all these aspects, I am satisfied that sufficient cause is shown, ....