2025 (5) TMI 2178

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....5. 2. As the facts are identical in both these appeals, we hereby pass a consolidated order by taking ITA No. 1862/Mum/2025 as a lead case. ITA No. 1862/Mum/2025 3. The assessee has raised the following grounds of appeal: "1. On the facts and circumstances of the case and in the law, Commissioner of Income Tax (Exemptions), hereinafter referred to as CIT(Exemptions), has erred in not allowing the application for regularization of provisional approval in Form 10AB due to late filling of the application. 2. The CIT(Exemptions) has failed to appreciate the fact that the appellant has filed Form 10AB on 23.07.2024 before the commencement of major activities of the organization on 13.08.2024. 3. The CIT(Exemptions) has failed to appreci....

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....s not responded to the same. The ld. CIT(E) further observed that the assessee had obtained provisional approval in form 10AC, dated 23.02.2022 which is valid from A.Y. 2022-23 to 2024-25. On perusal of the same, the ld. CIT(E) held that the assessee trust should have applied either within 6 months of the commencement of its activities or atleast 6 months prior to the expiry of the period of the provisional approval which falls before September, 2023 whichever is earlier. The ld. CIT(E) held that application to be not valid for the reason that the trust has filed an application for regularization of provisional registration only on 24.07.2024 and even otherwise, the extended due date for filing the application was 30.06.2024 as per circular....

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....12-2012], where after considering various decisions had laid down the principles that are to be taken into consideration for condoning such delay. We hereby extract the relevant portion of the said order for ease of reference: "22. The following general principles were laid down and it is these principles which guide the Court in approaching the question of condonation of delay: - "And such a liberal approach is adopted on principle as it is realized that: 1. Ordinarily, a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can ....