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HC allowed writ petition and condoned delay in filing Form 10B under s.119(2)(b), holding that the impugned order did not allege mala fide intent and did not dispute the petitioner's status as a public charitable trust. The Court applied equitable, balancing and judicious principles, observing that a long-standing charitable trust substantially meeting conditions for exemption under s.12 should not be deprived of relief solely on limitation grounds where authorities possess discretion to condone delay. The HC found no lethargy or lack of bona fides in the petitioner's conduct and concluded that denying exemption on technical time-bar grounds would be inappropriate; consequently the condonation application was allowed.
HC allowed writ petition and condoned delay in filing Form 10B under s.119(2)(b), holding that the impugned order did not allege mala fide intent and did not dispute the petitioner's status as a public charitable trust. The Court applied equitable, balancing and judicious principles, observing that a long-standing charitable trust substantially meeting conditions for exemption under s.12 should not be deprived of relief solely on limitation grounds where authorities possess discretion to condone delay. The HC found no lethargy or lack of bona fides in the petitioner's conduct and concluded that denying exemption on technical time-bar grounds would be inappropriate; consequently the condonation application was allowed.
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