2026 (1) TMI 477 - SCH - Income Tax

Delay in e-filing charitable trust audit report Form 10B, risking exemption claim; refusal to condone set aside, appeal dismissed.

Whether delay in e-filing the audit report in Form 10B for a charitable trust should be condoned to enable consideration of exemption was the dominant ... Refusing to condone the delay of 687 days in filing audit report in form 10B -reason given for delay, is that the Chartered Accountant of the petitioner was not aware of online filing which was newly introduced and that mistake was unintentional and oversight - delay in filing the audit report u/s 10B for the accounting years as indicated, is quashed and set aside As decided by HC [2025 (3) TMI 1578 - BOMBAY HIGH COURT] an honest reason has been given on record for seeking condonation of delay. Since it is not in dispute that the audit report is already filed, not condoning the delay would result in non-considerations of the exemptions, and considering that the petitioner is a trust, engaged in providing medical aid to the under privileged, HELD THAT:- In the facts and circumstances of the case, we are not inclined to interfere with the order impugned in exercise of our discretionary power under Article 136 of the Constitution of India. The present petition is, accordingly, dismissed. Issues: Whether interference under Article 136 of the Constitution of India is warranted against the impugned order.Analysis: The Court considered the petition under its discretionary jurisdiction under Article 136 and noted that delay was condoned. On the material before it and in the exercise of its discretionary power, the Court declined to exercise interference with the impugned order. The Court also disposed of any pending applications.Conclusion: The petition under Article 136 is dismissed and the decision is against the petitioner and in favour of the assessee.