CARE AND COMPASSION GOA,SARZORA vs. INCOME TAX OFFICER (EXEMPTION), WARD - 1, PANAJI
What did the Tribunal hold?
The Tribunal found that there was a miscommunication between the auditor and the assessee, constituting a reasonable cause for the delay. The delay in filing Form No. 10B was condoned.
What were the facts?
The assessee failed to furnish Form No. 10B in physical mode and sought condonation for the delay in online submission. The CIT (Exemption) rejected the application due to lack of evidence for physical filing.
What were the issues?
Whether the delay in filing Form No. 10B can be condoned due to miscommunication between the auditor and the assessee.
Which sections of the Income-tax Act were involved?
Not specified
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY
आदेश / ORDER
PER R.S.SYAL, VP :
This appeal by the assessee is directed against the order dated 16-08-2022 passed by the CIT (Exemption), Bangalore rejecting the application filed by the assessee.
There is no appearance from the side of the assessee despite notice. We are, therefore, proceeding to dispose of the appeal ex parte qua the assessee.
Briefly stated, the facts of the case, as per the impugned order, are that the assessee did not furnish evidence for filing of Form No.10B in physical mode with the Department. On being called upon to explain the reason, the assessee submitted that accounts were got audited and the Audit report was obtained physically on 16-05-2016. A copy of physical Form No.10B was also attached with a request to condone the delay for online submission of the report. The ld. CIT(Exemption) rejected the assessee’s application on the ground that no evidence was furnished for filing of the Audit report in Form No.10B in physical mode with the Department.
Having heard the ld. Departmental Representative and gone through the relevant material on record, it is seen from the impugned order that the assessee set up a case that Form No.10B could not be uploaded due to technical reasons. It is further mentioned in the last para of the impugned order that the assessee could not give any genuine cause for late filing of Form No.10B. In the given facts and circumstances, we find that there was some mis- communication between the Auditor and the assessee, which led to the late filing of Form No.10B. Similar reasons were advanced before the ld. CIT(Exemption) as well. In our opinion, this constituted a reasonable cause for the delay. We, therefore, condone the delay in filing Form No.10 and direct the ld. CIT(Exemption) to decide the issue on merits after allowing reasonable opportunity of hearing to the assessee.
In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09th November, 2023.
Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 09th November, 2023 सतीश आदेश की �ितिलिप अ�ेिषत/Copy of the Order is forwarded to: अपीलाथ� / The Appellant; 1. ��थ� / The respondent 2. 3. The CIT(Exemption), Panaji 4. DR, ITAT, Panaji Bench, Panaji गाड� फाईल / Guard file. 5. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune
Date 1. Draft dictated on 09-11-2023 Sr.PS 2. Draft placed before author 09-11-2023 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *
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