TaxTMI 
TaxTMI 
2025 (6) TMI 2018
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....gned order, the application filed by the Petitioner seeking a condonation of delay in e-verifying / accepting the audit report in Form 10B, was rejected by the 1st Respondent, inter alia, on the ground that no sufficient cause was shown for the aforesaid delay. 4. The facts of this case would reveal that the Petitioner is a Public Charitable Trust established under a Trust Deed dated 2nd May, 2017. The Petitioner - Trust has also received approval from the 1st Respondent under Sections 12A/ 12AA on 16th January, 2018 and under Section 80G on 13th August, 2018. 5 For the Assessment Year 2021-22, the due date of filing the income tax return was 15th February, 2022 as per Central Board of Direct Taxes ("CBDT") Press Release dated 11th Januar....
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....rt in Form 10B, and which was already filed by the auditor in time, was not done by the Petitioner-Trust within the stipulated time. 10. It appears that the Petitioner received an intimation under Section 143(1)(a) of the IT Act dated 8th September, 2022 issued by Respondent No. 2, denying the exemption of Rs.58,02,006/- which was claimed by the Petitioner. The ground on which the exemption was denied was that the Petitioner had not e-filed the audit report in Form 10B within the prescribed time i.e. one month prior to the due date of furnishing of return of income. As soon as the Petitioner became aware of this inadvertent error of not e-verifying the audit report, the Petitioner verified/ accepted the audit report in Form 10B on 9th Sept....
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....bsequent Assessment Years, where there is delay of up t0 365 days. In the facts of the present case, if one not to apply the decision of the Hon'ble Supreme Court in Cognizance for Extensions of Limitation, In re ([2022] 134 taxmann.com 307 (SC)) whereby time was extended due to the Covid-19 pandemic, then the delay would be 254 days. If we are to apply the extension granted by the Hon'ble Supreme Court, then admittedly, the delay is of 101 days. When one takes these facts into consideration, coupled with the fact that serious prejudice and hardship would be caused to the Petitioner if the delay is not condoned, and which was purely out of an inadvertence, we are of the view that the 1st Respondent was wholly unjustified in not condoning th....