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TMI Blog2023 (3) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... , which had filed its return of income for the relevant assessment year. However, when the return of income was filed, the auditors of the assessee had failed to include the Form 10B being the audit report alongwith return of income. It was the submission that the due date for filing the audit report was 30.9.2015 and the mistake in filing of the audit report was noticed and same was rectified on 21.11.2019. It was the submission that on appeal, the ld CIT(A) had dismissed the assessee's appeal on the ground that ignorance of law is not an excuse. It was the submission that the assessee is dependent on its Chartered Accountant and Auditors for filing the return. The mistake done by the auditors should not put the assessee on a disadvantage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n cases where for reasons beyond the control of the assessee some delay has occurred in filing the said report the exemption as available to such trust under ss. 11 and 12 may not be denied merely on account of delay in furnishing the auditor's report and the ITO should record reasons for accepting a belated audit report." 4. It was the submission that even the CBDT has held that if the delay in filing the report was for the reasons beyond the control of the assessee, same should be condoned. It was the prayer that the Assessing Officer may be directed to consider the audit report filed in Form No.10B. Ld AR has also relied upon the decision of the Hon'ble Karnataka High Court in the case of CIT vs ACE Multitaxes Systems Pvt Ltd., (200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been done within time in the case of the assessee and it is only the audit report which has not been filed within the time prescribed. This is only a venial breach of the provisions. This being so, as also considering the fact that CBDT in its Instruction No.1/1148(supra) has given the powers to the Assessing Officer to condone the delay in filing of the audit report, we are of the view that the impugned assessee should not be denied the benefit of deduction u/s.11 & 12 of the Act on account of the said venial breach in respect of the delay in filing of the audit report. Consequently, the delay in filing of the audit report in Form 10B is condoned and the Assessing Officer is directed to consider the same when computing the income of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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