Roxiler Systems Pvt. Ltd. Vs ITO (ITAT Pune)
Rejection of claim u/s. 80IAC not justified as audit report in Form 10CCB delayed due to technical problem
ITAT Pune held that delay in filing audit report in Form 10CCB due to technical problem is justifiable and hence denial of claim under section 80IAC of the Income Tax Act not justified. Accordingly, order set aside to AO to consider audit report.
Facts- Vide the present appeal, the appellant has mainly contested that rejection of claim u/s 80IAC of the Income Tax Act 1961 (Act) is beyond the powers of CPC, Bengaluru in the powers of CPS, Bengaluru in proceedings u/s 143(1) of the Act.
Conclusion- Held that on perusal of the CBDT circular 19/2022 dated 30/09/2022 it is clear that during the relevant year there were some Technical Problems faced by tax payers in uploading the Audit Reports. Keeping this fact in mind that there were some technical problems in uploading, we presume that though the Audit Report was Ready on 30/09/2022, but could not be uploaded by the Auditor may be due to the Technical Problems. The Audit Report was uploaded before filling of return of Income. Thus at the time of Order u/s 143(1) the Audit report was before the Assessing Officer. In these facts and circumstances, as Hon’ble Supreme Court in the case of G.M Knitting (supra) and Hon’ble Jurisdictional High Court in the case of Shivan and Electronics (supra)had held that once the Audit report was available to the Assessing officer at the time of passing Assessment Order the AO should have considered it .
