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TMI Blog2024 (9) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... d provided a reasonable cause of lapse on the part of the auditors. Though the condonation of delay in filing audit report in Form 10B may not have been under the jurisdiction of the CIT(E), however, being a quasi judicial authority was supposed to take into consideration the case laws relied wherein it is firmly held that non-filing of audit report along with the return of income is a procedural omission. We are inclined to allow the appeal to the extent that CIT(E) shall take into consideration the Form 10B of the assessee and pass an order afresh on merits as per law. - SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER For the Appellant : Shri Saurav Rastogi, Advocate For the Respondent : Shri Anuj Garg, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2022 and the assessee had claimed exemption under section 11 for Rs. 15,31,104/- for income applied during the year and exemption under section 11(1)(a) of Rs. 13,482/- for income accumulated upto 15 percent, but, the CPC disallowed the entire exemption of Rs. 15,44,586/- and created a demand and a notice for adjustment was issued under section 143(1)(a)(ii) mentioning two incorrect claims:- i. The details provided at SL.No. A19 of schedule part A general are not matching with the information as per form 10AC. Hence, the amount mentioned at SL. No. 4 and 6 (viii) of part B1 Part B TI not allowable. Old registration number 12A (S-3141/02/576) written in Form instead of new regime registration number AABTS4159DE20211. To which assessee respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to fling the return has come in force first time in A.Y. 2022-2023. The delay was unintentional and not causing any loss to the revenue hence prayed to be ignored. The appellant fled its response but without considering the response CPC taxed the entire income of Rs. 15,44,586/- and created a demand of Rs. 3,41,570/-. 3. The claim of assessee is that the appellant society has always been filing the audit report other compliances, well in time. During the year under appeal i.e. for AY 2022-23, audit report in form no. 10B which was due to be filed on or before 07.10.2022 as per section 12A(1)(b) could not be filed in time by their auditor, namely, M/s. Goyal Parul and Company. (FRN: 016750N) was filed on 07.11.2022 thus causing a delay of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne month prior to the due date for furnishing return of income under section 139(1) and the assessee has failed to do so. Further, as per the CBDT s circular No. 16/2022, the appellant was required to file condonation of delay in this regard before the concern Commissioner of Income-tax. After filing of condonation of delay and getting order from the concern Commissioner of Income-tax, the appellant may file rectification application accordingly. Since this office is not able to take further action as the concerned authority in the matter is the concerned Commissioner of Income-tax, hence the instant appeal is required to be dismissed at this stage. 5. The ld. AR has primarily relied the facts and submissions as were raised before the CIT(E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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