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TMI Blog2023 (12) TMI 1346X X X X Extracts X X X X X X X X Extracts X X X X ..... We, therefore, deem it fit to remand this matter back to the file of AO for a fresh assessment after considering audit-report (Form No. 10B) filed by assessee. The assessee succeeds in this appeal. - SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER For the Assessee : Shri Prakash Gupta and Shri Shashank Sharma, CA ARs For the Revenue : Shri Ashish Porwal, Sr. DR ORDER PER B.M. BIYANI, A.M.: Feeling aggrieved by appeal-order dated 28.03.2022 passed by learned Commissioner of Income-Tax, National Faceless Appeal Centre, Delhi [ Ld. CIT(A) ], which in turn arises out of intimation dated 04.03.2020 passed by learned ADIT(CPC), Bangalore [ Ld. AO ] u/s 143(1) of Income-tax Act, 1961 [ the Act ] for Assessment-Year [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... audited-accounts alongwith audit-report (Form No. 10B) is placed at Page No. 11-12 and 39 to 44 in Paper-Book. However, the auditors of assessee failed to e-file/upload audit-report (Form No. 10B) alongwith return of income. But subsequently, before processing of return by AO u/s 143(1) on 04.03.2020, the assessee arranged to get the audit-report e-filed/ uploaded on 12.02.2020 which is evident from acknowledgement downloaded from webportal of Income-tax Department, filed at Page No. 12 of Paper-Book. Ld. AR submitted that the CIT(A) has, without appreciating these facts, dismissed first-appeal of assessee precisely for a technical defect that the audit-report (Form No. 10B) was not filed alongwith return of income. Ld. AR submitted that e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Conscietisation Awareness Training, ITA No. 461/Jodh/2018 dated 06.05.2019. (iii) ITAT, Ahmedabad Bench in Puravanchal Lokhit Mandal Vs. ITO, Exemption Ward, Vadodara, ITA No. 966/Ahd/2019, dated 30.11.2022 and in Hari Gyan Pracharak Trust Vs. DCIT, CPC, Bangalore in ITA No. 245/Ahd/2021 order dated 16.06.2023. (iv) Hon ble Gujrat High Court in Sarvodaya Charitable Trust Vs. ITO, Exemption (2021) 125 taxmann.com 75 (Gujrat) and in Indian Panel Board Manufacturer Vs. DCIT Tax Appeal No. 655 of 2022 dated 21.03.2023. 6. Per contra, Ld. DR vehemently defended the orders of lower authorities and submitted that furnishing of audit-report along with return of income is a pre-condition for allowability of exemption u/s 11. Since the assessee has n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee. The circular No. 7/18 dated 20.12.2018 issued u/s 119 of the Act could not be, therefore, said to have taken away the appellate remedy. 8. We have heard rival contentions of both sides and examined the present controversy in the light of judicial decisions. In view of settled judicial rulings noted in foregoing paragraphs, we find that the assessee can t be denied the benefit of exemption u/s 11/12 as claimed in return of income for mere delay in filing of audit-report (Form No. 10B), when the assessee has in fact filed such report though after filing of return. We, therefore, deem it fit to remand this matter back to the file of AO for a fresh assessment after considering audit-report (Form No. 10B) filed by assessee. The assessee su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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