9911796707
TMI Blog2024 (11) TMI 1248X X X X Extracts X X X X X X X X Extracts X X X X ..... months of its filing the return, which was not filed within the time frame outlined in the Act - HELD THAT:- The undisputed fact is that the assessee has obtained audit report alongwith Form 10B prior to filing of return of income. The CBDT vide Circular 3/2020 dated 03.01.2020 and Circular 16/2022 dated 19.07.2022 have mandated condonation of delay upto 365 days for delay in filing Form 10B for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 12.02.2024 pertaining to A.Y 2019-20. 2. The grievances of the assessee read as under: 1. On the facts and circumstances of the case learned NFAC, JCIT (A) erred in confirming the LD AO's view of disallowing the application of income on the pretext of non-filing of form 10B before filing of return as it is a provision requiring furnishing of form 10B (Audit Report) is procedural in nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion on delay in filing audit report. 6 On the facts and circumstances of the case and in law, the order of the learned NFAC, JCIT (A) is bad in law and is against the tenets of natural justice liable to be quashed. 7 The appellant craves to add, alter, modify or delete any ground of appeal during the pendency of appeal. 3. Briefly stated, the facts of the case are that the assessee is a trust, en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 10B was obtained by the assessee much before the filing of return of income and since the audit report has been obtained prior to the filing of the return, the Assessing Officer was not justified in disallowing the application of income. 7. After considering the facts and submissions, the ld. CIT(A) held that the Form 10B has been filed after five months of its filing the return, which was not f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit report with Form 10B and decide the issue afresh as per provisions of law. In that view of the matter, in the interest of justice and fair play, we restore the issue to the file of the Assessing Officer. The assessee is directed to furnish the original documents for verification and the Assessing Officer is directed to examine the same and decide the issue as per the provisions of law after af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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