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TMI Blog2024 (9) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order would reveal that the authority has held that Form 10B should have been filed on or before 31st March, 2018. In our considered opinion, the interpretation of the authority with regard to clause 4(i) is ex facie fault. We say so because as per the plain language of the Circular No.10, CBDT, in no uncertain terms, has directed that delay in cases where Form 10B obtained before filing of return of income is specified, meaning thereby, Form 10B ought to have been obtained before filing return of income so as to have the benefit of clause 4(i), whereas while passing the impugned order; instead of word obtained , the authority considered it as filed . Therefore, this being a basic factual understanding and interpretation of the Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration, since the Accountant of the petitioner was keeping unwell, petitioner forgot to file Form 10B within the stipulated time. The last date for filing Form 10B was 31st March, 2018 and the petitioner had filed Form 10B physically on 22nd May, 2018. However, the said Form was required to be filed electronically and the same was then filed electronically on 27th March, 2019. Thus, delay of 361 days occurred in filing Form 10B electronically. 2.3 Since there was delay in filing Form 10B, petitioner made an application under Section 119 (2) (b) to the respondent on 20th November, 2019. 2.4 Pursuant thereto, on 07th February, 2020 show-cause notice was issued upon the petitioner for showing cause as to why the application for condonation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugust, 2020. On 15th May, 2024, order came to be passed by the National Faceless Assessment Centre (NFAC), digitally signed by Commissioner of Income Tax (Appeals) wherein appeal came to be dismissed on the ground that the order under Section 119 (2) (b) is not appealable order. 3. Thus, being aggrieved and dissatisfied with the same, petitioner has approached this Court by way of present petition. 4. We have heard learned advocate Mr. Darshan Patel for the petitioner and learned advocate Ms. Maithili Mehta for the respondent. 5. Learned advocate Mr. Darshan Patel for the petitioner, at the outset, submitted that the case of the petitioner is most genuine and the mistake in non-filing Form 10B within the time cannot be attributable to any i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 119 (2) (b) is perfectly justified and thereby no interference deserves to be shown by the Court. She, therefore, requested this Court to dismiss the petition with exemplary cost. 6.1 Learned advocate for the respondent submitted that the order impugned is perfectly justified and that the case of the petitioner does not fall within the category of clause 4(i) of Circular No.10 as the audit report was filed by the petitioner on 27th March, 2019. Learned advocate submitted that clause 4(i) of the Circular could have been applied only if the petitioner had filed Form 10B on or before 31st March, 2018. Accordingly, the impugned order rejecting the delay condonation application is perfectly justified as per clause 4(i) of the Circular No.10 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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 of Income-tax are authorized to admit such applications for condonation of delay under section 119 (2) (b) of the Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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