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TMI Blog2025 (3) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in Form No.10B is filed within the time on 30.09.2022 and the same was e-verified on 19.11.2022 and since there was an inadvertent error in the audit report, the revised audit report was filed on 19.11.2022, which shows that the delay is not intentional and the same would be the case under genuine hardship. It is obligatory to permit the assessee's to avail the benefits of exemption prescribed under the provision of law. Refusing to condone the delay could result into a meritorious matter being thrown out at the very threshold defeating the cause of justice.
Therefore, this Court is of the view that it would be appropriate to condone the delay in filing the audit report for the Assessment Years 2020-2021 and 2022-2023. X X X X Extracts X X X X X X X X Extracts X X X X ..... , Bangalore, denying the exemption under Section 11of the IT Act and a demand of Rs.2,46,17,780/- has been raised. 2.3. As far as the Assessment Year 2022-2023 is concerned, initially, the due date for filing return of income was 31.10.2022 and therefore, the audit report in Form No.10B had to be filed on or before 30.09.2022. Thereafter, the due date for filing return of income was extended upto 07.11.2022, by the Central Board of Direct Taxes. As a result, the last date for filing audit report for the said year became 07.10.2022. The petitioner filed Form No.10B on 30.09.2022, within the due date and the same was e-verified on 19.11.2022. Subsequently, a revised Form No.10B was filed on 19.11.2022, resulting in a delay of 43 days. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut into an irreparable loss. 3. Per contra, learned Junior Standing Counsel appearing for the respondents would submit that the reasons stated by the petitioner for the delay in filing Form No.10B are generic reasons that the delay is due to technical issue. Since the petitioner has not submitted any genuine hardship faced by them, which prevented them from filing the Form No.10B for the Assessment Years 2020-2021 and 2022-2023, their applications got rejected. 4. Heard the learned counsel for the petitioner as well as the learned Junior Standing Counsel appearing for the respondents and perused the materials available on records. 5. Considering the submissions made by either side, it is seen that, as far as the Assessment Year 2020-2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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