Case Law Details
Vision Foundation Vs DCIT (ITAT Chennai)
ITAT held that CIT(A) has power for condoning belated application in filing Form No.10B wherever the assessee was prevented by reasonable cause for filing of such applications within the stipulated time. In the present case before us, the delay is for few hours which could be condoned as there is a reason that there is malfunctioning / virus attack in the computer system and consequent data loss which is beyond the control of the assessee. Hence, we reverse the orders of lower authorities and direct the AO to accept the audit report in Form No.10B as filed within the time and the delay is condoned.
FULL TEXT OF THE ORDER OF ITAT CHENNAI
This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi in Appeal No.CIT(A), Chennai-14/10101/2019-20, order dated 06.09.2021. The return was processed and intimation was issued u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) for the assessment year 2018-19, dated 21.05.2019 by the DCIT, CPC, Bangalore.
2. The only issue in this appeal of assessee is that the CIT(A) erred in not considering the few hours delay in filing Form No.10B after filing the income-tax return due to genuine hardship, unintentional and beyond the control of the assessee.
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