TMI Blog2022 (8) TMI 1372X X X X Extracts X X X X X X X X Extracts X X X X ..... ligible to claim the same. In the case of CIT vs. Mumbai Metropolitan Regional Iron Steel Market Committee [ 2015 (4) TMI 512 - BOMBAY HIGH COURT] has held that late filing of required documents would not disentitle the assessee from availing benefit of section 11 of the Act. Thus, restore the file back to Assessing Officer for de novo assessment after considering the audit report field by the assessee, in accordance with law. Appeal by assessee is allowed for statistical purposes. - ITA No. 1925/Mum/2021 - - - Dated:- 1-8-2022 - Shri Vikas Awasthy, Judicial Member For the Appellant : Shri Jayesh Dadia. For the Respondent : Ms. Beena Santosh. ORDER This appeal by the assessee is directed against the order of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Representative of the assessee submitted that if the audit report is accepted, the assessee would be able to claim the benefit of exemption under section 11 of the Act . The assessee has been denied the benefit merely on technical defect in not uploading audit report in Form No. 10B along with return of income. In support of his submissions the ld. Authorized Representative of the assessee placed reliance on the decision of Hon'ble Bombay High Court in the case of CIT vs. Mumbai Metropolitan Regional Iron Steel Market Committee, 378 ITR 103. 3. Per contra, Ms. Beena Santosh representing the Department vehemently defended the impugned order and prayed for dismissing the appeal of assessee. The ld. Departmental Representative submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 143(1) of the Act uploaded the Audit Report on 18/04/2020 in First Appellate proceedings. 5. In my considered view non-filing of Audit Report in Form 10B along with Return of Income is merely a procedural defect which is rectifiable. If the Audit Report was available with the assessee at the time of filing of Return of Income and was not filed due to bona fide reasons the benefit of exemption under section 11 cannot be denied if otherwise assessee is eligible to claim the same. 6. The Hon'ble Bombay High Court in the case of CIT vs. Mumbai Metropolitan Regional Iron Steel Market Committee(supra) has held that late filing of required documents would not disentitle the assessee from availing benefit of section 11 of the Act. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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