2025 (8) TMI 1315

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e material available on record. The brief facts of the case are that the assessee, a trust, was granted provisional approval under Section 10(23C) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), vide Form No. 10AC for a period covering Assessment Years 2022-23 to 2024-25. In terms of clause (iii) of the first proviso to sub-section (5) of Section 10(23C) of the Act, the assessee was required to submit an application for regularisation of such provisional approval either within six months from the commencement of its activities or at least six months prior to the expiry of the provisional registration, whichever was earlier. According to the learned CIT(E)", the assessee was obligated to file the application for regularis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... not fatal in nature. Placing reliance on the decision of the Hon'ble Delhi High Court in Director of Income-tax (Exemption) v. Vishwa Jagriti Mission [(2013) 30 taxmann.com 41 (Delhi)], the Tribunal reiterated the settled principles governing condonation of delay- namely, that justice should not be defeated on account of a mere technical or procedural lapse, particularly where no mala fides or deliberate default is established. The Coordinate Bench in Amba Shanti Foundation (supra) further observed that the CBDT's circular extending the due date reflects a legislative intent to offer a fair opportunity to applicants and is indicative of a liberal and facilitative approach. The relevant finding of the Tribunal (supra) is observed as under: ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e 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 happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational, common sense and pragmatic manner. 4. When substantial justice and technical considerations are pitted against each other, the cause of substantial just....