TaxTMI 
TaxTMI 
2024 (9) TMI 1194
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....sed under Section 119 (2) (b) of the Income Tax Act, 1961 (for short 'the Act'), by which application preferred by the petitioner for condonation of delay caused in filing Form 10B was rejected. 2. Brief facts which are not much in dispute are stated as under. 2.1 The petitioner is a Trust engaged in various charitable activities to maintain physically challenged children, for which grants are being received from the government. Income of the petitioner is exempted under Section 11 (1) of the Act. 2.2 Return of income for the year A.Y. 2016-17 was due on 30th September, 2016 and the same was filed on 22nd June, 2016. It is the case of the petitioner that in the earlier years as well as in the subsequent years, the petitioner had re....
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....er to demonstrate genuine hardships faced by the petitioner. 2.6 On 28th February, 2020 the respondent passed order under Section 119 (2) (b) of the Act holding inter alia that there was no justifiable reason for the petitioner for delay in filing Form 10B and thereby the same is rejected. 2.7 Petitioner being unaware of legal provisions, preferred rectification application under Section 154 of the Act on 16th March, 2020 wherein it was pointed out by the petitioner that Form 10B physically was filed on 22nd May, 2018 and e-filed the same on 27th March, 2019. On 09th July, 2020, application of the petitioner under Section 154 of the Act was rejected. 2.8 Again, being unaware of the legal provisions, appeal against the said order wa....
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....m 10B for the A.Y. 2016-17 and A.Y. 2017-18 in the cases where audit report for the previous year has been obtained before filing of return of income. Learned advocate submitted that in the instant case, Form 10B was physically filed on 22nd May, 2018 and electronically filed on 27th March, 2019. Thus, learned advocate for the petitioner contended that in view of direction issued vide Circular No.10 dated 22nd May, 2019, the authority could not have rejected the application for condonation of delay caused in filing Form 10B. 5.2 By making above submissions, learned advocate for the petitioner prayed this Court to allow the petition as prayed for. 6. Per contra, learned advocate Ms. Maithili Mehta for the respondent, while supporting t....
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....ircular No.10 dated 22nd May, 2019? 9. So as to decide the aforesaid question, in our view, the relevant portion of Circular No.10 dated 22nd May, 2019 deserves to be quoted. "3. Representations have been received by the Board/field authorities stating that Form No. 10B could not be filed along with the return of income for AY 2016 17 and AY 2017-18. It has been requested that the delay in filing of Form No. 10B may be condoned. Previously, vide instruction in F.No. 267/482/77-IT(part), dated 9-2-1978, the CBDT had authorized the ITO to accept a belated audit report after recording reasons in cases where some delay he occurred for reasons beyond the control of the assessee. 4. Accordingly, in supersession of earlier Cir....