Furnishing an Audit Report with the return is a procedural provision: Gujarat HC
Hon’ble High Court condones delay of 1128 days in filing of Form No. 10B and sets aside the Order under Section 119(2)(b) of the Income Tax Act, 1961 rejecting Petitioner’s Application for Condonation of Delay.
The Hon’ble Court followed the judgment of Gujarat High Court in Sarvodaya which held that furnishing an Audit Report with the return is a procedural proviso.
The Hon’ble Court noted that not granting the benefit to Petitioner would cause genuine hardship to the Petitioner which is running a school where thousands of students are enrolled. The huge demand would adversely affect the functioning of the school.
The Hon’ble Court also observed that the Petitioner ought not to be foisted with such liability only on account of inadvertent error by their Chartered Accountant.
The copy of the order is as under:
