TaxTMI 
TaxTMI 
2024 (9) TMI 1959
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.... we find that there is a delay of 29 days in appeal filed by the assessee, for which petition for condonation of delay along with reasons for delay has been filed. After considering the petition filed by the assessee and also hearing both the parties, we find that there is a reasonable cause for the assessee in not filing appeal on or before the due date prescribed under the law and thus, in the interests of justice, we condone delay in filing of appeal and admit appeal filed by the assessee for adjudication. 3. The only issue raised by the Assessee is the ld. CIT(A) erred in dismissing the appeal by upholding the action of the CPC in denial of exemption claimed u/s. 11 of the Act due to delay in filing the audit report in Form 10B and c....
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....ted form 10B on 05/11/2022. Further, aggrieved by the intimation U/s.143(1) issued by the CPC, Bangalore, the assessee preferred an appeal before the Ld. CIT(A). However, the Ld. CIT(A) confirmed the addition by passing an order on 15/02/2024 by holding as under : "5. Appellant order: On thorough perusal of the grounds of appeal raised and the submissions made by the appellant, in response to intimation u/s 143(1) (a), it is observed the appellant has filed the return of income on 03/11/2022 declaring the income of Rs. 5,36,460/- and claimed the exemption u/s 11 of the IT Act. The AO CPC has passed the intimation order on 31/03/2023 after denying the exemption u/s 11 of the IT Act and assessed the income to Rs. 93,96,981/-....
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....t the assessee is free to file the said Form 10B online and/or approach the CIT(Exemption), Ahmedabad after filing Form 10B electronically and to condone the delay in accordance with the delegated powers vested u/s. 119(2) (b) of the Act. Such a power u/s. 119(2)(b) is not vested with ld. CIT(A). Therefore, the ld. CIT(A) dismiss the appeal filed by the assessee. Now before the Tribunal, the assessee has not produced only details of filing Form 10B electronically with condone delay petition. In absence of the same, We do not find any infirmity in the order passed by the ld. CIT(A) and therefore we have no hesitation in confirming the order passed by the ld. CIT(A). 8. For the above reasons, the grounds raised by the assessee are he....
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....ncome to be filed and inadvertently it was not filed on 30/09/2022. The Ld. Addl. CIT(A) has dismissed the appeal of the assessee without considering the facts and circumstances of the case, wherein the audit report in form 10B has been filed on 05/11/2022 itself. The Ld.AR also relied on the following decisions in support of the condoning the delay of filing the audit report in Form 10B. 1. Sri Vetri Vinayagar Educational Trust Vs. ITO, in ITA No.903/Chny/2023 dated 13/12/2023 2. Sri Vidya Vihar educational & Charitable Trust - NFAC Delhi for the A.Y. 2020-21 dated 25/07/2022 3. CIT(E), Ahmedabad Vs. Gujarat Energy Development Agency - R/Tax appeal No.35 of 2024 dated 15/01/2024 (hon'ble Gujarat HC) 4. T....
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....e audit report was already uploaded on 30/09/2022 and therefore it need not again submit the same. But while filing return of Income, it was found that the audit report though obtained on 30/09/2022 was not uploaded in the income tax portal. And hence the same was uploaded on 05/11/2022, which is much before the end of the actual due date prescribed i.e. 07/11/2022 for the A.Y. 2022-23. Considering the reliance placed by the assessee on this Tribunal decision in Sri Vetri Vinayagar Educational Trust Vs. ITO(Supra), where the delay in filing the audit report was condoned by holding as under: "5. The undisputed fact that emerges is that the assessee has filed Audit Report much before the processing of return of income by CPC u/s 143(....