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TMI Blog2023 (5) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... and expenditure account and balance sheet along with statement of income, how it was not able to file the audit report in form no.10B is not explained. Assessee has taken the support of petition filed for condonation of delay in filing the appeal before this Tribunal dated 18.1.2023 so as to explain the delay in filing audit report in form no.10B along with return of income. Assessee has not separately explained this delay in filing the audit report in form no.10B along with return of income with any reasonable causes. Having said this, we are of the opinion that there is no good and sufficient reason to condone the delay in filing the audit report in form no.10B along with return of income - Lower authorities are justified in denying th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... portunity of hearing to the Appellant. The order of the Learned CIT(A) is against the law equity and Natural Justice. 2. The learned CIT(A) and learned AO has erred in not considering the submissions/ documentary evidence furnished before them from time to time. 3. The Learned CIT(A) while issuing the order under section 250 of the Income Tax Act, 1961, has not considered the CBDT circular issued vide Circular No.10/2019 dated May 22nd, 2019. which has condoned the delay in furnishing of Audit Report in Form 10B for the Assessment Years 2016-17 and 2017-18. The subject matter of this appeal comes well within the scope of the aforementioned CBDT Circular. 4. The learned CIT(A) has erred in not considering the additional gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not allowed the resultant income over expenditure as per the audited statement of accounts for the year ended March 31st 2017 is Rs.24231/- , which does not exceed the maximum amount (Rs.250000/-), which is not chargeable to Income Tax for the AY 2017-2018. 9. The Appellant craves to leave/ to add to / to alter/ to amend/ to rescind/ to modify the grounds herein above or produce further documents, facts and evidence before or at the time of hearing this appeal. 2. Facts of the case are that assessee has filed return of income for the assessment year 2017-18 on 10.1.2018 and claimed exemption u/s 11 of the Income-tax Act,1961 ['the Act' for short] at Rs.24,231/-. This income has been arrived as follows: Gross incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and has been furnished subsequent to the filing of the return of income but before the date specified under section 139 of the Act is condoned. (ii) In all other cases of belated applications in filing Form no. 10B for years prior to AY 2018-19, the Commissioners o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be accepted. However, the NFAC observed that the appeal filed by the assessee itself delayed by 94 days. As such, the appeal was not at all admitted and the same was dismissed in limine on the reason of delay in filing the appeal belatedly by 94 days before NFAC was not properly explained. Against this, the assessee is in appeal before us and thus, it was prayed by the ld. A.R. that the short delay of 94 days in filing the appeal before NFAC be condoned, appeal be admitted and to be decided on merits. 3. The ld. D.R. strongly opposed the admission of appeal. 4. We have carefully gone through the affidavit filed by the assessee in the form of affidavit, explaining the above delay, which is placed on record in page no.116 to 118 in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of accounts and filed the audited income and expenditure account and balance sheet along with statement of income, how it was not able to file the audit report in form no.10B is not explained. The assessee has taken the support of petition filed for condonation of delay in filing the appeal before this Tribunal dated 18.1.2023 so as to explain the delay in filing audit report in form no.10B along with return of income. In our opinion, the assessee has not separately explained this delay in filing the audit report in form no.10B along with return of income with any reasonable causes. Having said this, we are of the opinion that there is no good and sufficient reason to condone the delay in filing the audit report in form no.10B along with r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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