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TMI Blog2024 (6) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... find that in the present appeal, the ld. CIT(E), Kolkata condoning the delay occurred in filing the audit report in Form No. 10B. Accordingly, we set aside the issue to the file of assessing officer, ADIT, CPC, Bengaluru to take into account the above referred order allowing deductions for applications and accumulation u/s 11 of the Act as claimed by the assessee for the assessment year under cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation u/s 11 for the assessment year in question. The ld. CIT(A) while passing the impugned order stating that the audit report in Form No. 10B was electronically filed on 22.03.2021 while the due date has been 15.01.2021. Therefore, the appellate authority did not have any power to consider the appellant s case for condonation of delay in filing Form No. 10B. Accordingly, the appeal of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21. The due date of filing Form 10B for the A.Y. 2020-21 was 15/01/2021. Hence, there was delay in filing Audit Report in Form 1OB as per provisions of Section 12A(1)(b) of the Income Tax Act, 1961. 3. Vide DIN letter No. ITBA/COM/F/17/2023-24/1059824693(1) dated. 17/01/2024 was requested to furnish certain documents as well as explanation for delay in filing of Form 10B for the A.Y. 2020-21. Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfy himself that as to whether the assessee was prevented by reasonable cause from filing such application within the stipulated time. 8. The explanation furnished by the applicant towards delay in filing of Form 10B for the A.Y. 2020-21 is considered. 9. Considering the submission of the applicant, the delay of sixty six (66) days in filing Form 10B for A.Y. 2020-21 is hereby condoned. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 14.05.2024 condoning the delay occurred in filing the audit report in Form No. 10B. Accordingly, we set aside the issue to the file of assessing officer, ADIT, CPC, Bengaluru to take into account the above referred order allowing deductions for applications and accumulation u/s 11 of the Act as claimed by the assessee for the assessment year under consideration. In terms of the above, the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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