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TMI Blog2023 (9) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... .A. on 26.02.2020, whereas it was signed by C.A. on 20.06.2018 and the assessee dully added C. A for up loading on 03.08.2018, ITR was filed on 06.08.2018, thus the audit report was already available at the time of filling the return. 2) That in view of the recent judgment of Savitri Foundation VS ITO (ITA No 1925/Mum/2021 A.Y 2018-19) order dated 1.08.2022 it was held that the audit report when it was available at the time of filling the ITR, field at the time of filling appeal due to bona fide reasons, the benefit of section 11 can not be denied, being merely procedural defect which is rectifiable. Also relied on M.P. High Court (1998)230 ITR 0714- filling of audit report being directory and can be filed up to assessment stage. 3) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 18-03-2020 denying the benefit u/s 11 of the Act as the form No.10B was not uploaded along with the return of income and the claim of corpus donation of Rs,15,02,000/- was added and determined the total income of Rs.15,02,000/-. Whereas the assessee has filed application for condonation of delay in filling Form.No.10B and same was rejected by the CIT(E) vide order U/sec119(2)(b) of the Act dated 11-09-2020, Further the assessee has filed the rectification petition U/sec154 of the Act and was rejected vide order dated 23- 07-2021. 3. Aggrieved by the rectification order u/s 154 of the Act, the Assessee has filed an appeal before the CIT(A).Whereas the CIT(A) has considered the grounds of appeal, findings of the AO and submissions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing of the return of income but was uploaded belatedly. Whereas the Audit Report in form No.10B was signed by the Chartered Accountant on 20.06.2018 and the CA was added in the e-filling portal for uploading form No.10B on 03.08.2018 and the assessee has filed the return of income on 06.08.2018 and also filed the revised return of income on 30-03-2018. Further the audit report in Form.No.10B was uploaded by the C.A. on 26.02.2020 and the assessee was dependent on the CA and there is a delay in filling/uploading the Audit report and thus caused hardship beyond the control of the assessee and reasons are genuine and it is a curable defect. We find the Hon'ble Tribunal on the similar issue where there was delay in filling the Form.No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural 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 bonafide 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. Thus, in the facts of the case and in the light of decision Hon'ble Bombay High Court, I deem it appropriate to restore the file back to Assessing Officer for denovo assessment after considering the audit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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