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Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevails.
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Belated furnishing of Form 10B for charitable exemption under Section 12A should not defeat the exemption where the audit report is produced before the Assessing Officer or appellate authority on sufficient cause. Covid-19-related inability to file the report within time constituted genuine hardship, particularly where the Income Tax Department raised no objection. Substantial justice prevails over technical considerations, and refusal to condone delay without properly assessing genuine hardship is arbitrary. The delay for Assessment Year 2021-22 was directed to be treated as condoned, requiring consideration of the exemption claim and consequential relief.
Belated furnishing of Form 10B for charitable exemption under Section 12A should not defeat the exemption where the audit report is produced before the Assessing Officer or appellate authority on sufficient cause. Covid-19-related inability to file the report within time constituted genuine hardship, particularly where the Income Tax Department raised no objection. Substantial justice prevails over technical considerations, and refusal to condone delay without properly assessing genuine hardship is arbitrary. The delay for Assessment Year 2021-22 was directed to be treated as condoned, requiring consideration of the exemption claim and consequential relief.
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