9911796707
TMI Blog2022 (12) TMI 1483X X X X Extracts X X X X X X X X Extracts X X X X ..... s finally processed on 26/06/2019 denying the exemption, which the Ld. FAA upheld quoting equi-reasons. We also note that, the assessee could not attend the communication due to IT-Website technical glitches, however has eventually filed the audit report in Form No 10B on 29/02/2020 and complied with the condition laid in section 12A(1)(b) so as to entitle for a claim of exemption envisaged u/s 11 12 of the Act. In the evince of details filed at clause M2 of ITR filed on 13/07/2018, it undisputedly establishes that the appellant got its books audited u/s 12A(1)(b) of the Act from M/s S. D. Pednekar Co which issued furnished the said audit report on 05/07/2017 i.e. prior to filing of ITR for the impugned AY, however the copy thereof remained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case and as per the provisions of the Act, denial of exemption u/s 11 of the Act on account of delay in furnishing the audit report electronically, is not in accordance to the provisions of the Act. The exemption u/s 11 may kindly be granted to the appellant. Ground no 2: Section 143(1) On the facts and circumstances prevailing in the case and as per the provisions of the Act, the disallowance of exemption u/s 11 of the Act on account of delay in furnishing the audit report electronically, is not permissible and notwithstanding that no additions on account of disallowances are to be made, even is such additions are to be made, it cannot be by way of intimation under section 143(1)(a) of the Act, as it is on account of debatable is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the assessee [for short "AR"] submitted that, the appellant failed to attend the notice 143(1)(a) on account of IT-website technical glitches, which could not allow the appellant to download the notice / communication and vouch the contents therefore and for the reasons it remained non-complied. In support of aforestated claim, the appellant adduced the copy of screenshot placed at "Annexure-7" which remained uncontroverted by the learned departmental representative [for short "DR"]. It is further argued that, the ultimate compliance of submission of audit report was brought to notice of Ld. FAA, who in-spite having co-terminus power with that of Ld. AO, has rejected to entertain the claim of exemption, which caused injustice t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stablishes that the appellant got its books audited u/s 12A(1)(b) of the Act from M/s S. D. Pednekar & Co which issued & furnished the said audit report on 05/07/2017 i.e. prior to filing of ITR for the impugned AY, however the copy thereof remained to be filed alongwith ITR as well in response to communication u/s 143(1)(a) of the Act on account of technical glitches beyond the control of the assessee and the deficiency came to light only upon service of demand u/s 156 of the Act. Thus, the non-compliance with communication u/s 143(1)(a) of the Act due to IT Website technical glitches was unintentional and beyond the control of the appellant is sufficient to form a reasonable cause for non-compliance and since the procedural compliance has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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