2025 (9) TMI 660

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....mpugned order, Respondent No. 1 has refused to condone the delay in filing Form No. 10B for A.Y. 2022-23. Consequently, the exemption claimed by the Petitioner under Section 11 of the Act has been denied to the Petitioner which is a Charitable Trust. 2. The Petitioner is a Charitable Trust established for education purpose and is registered as a Public Charitable Trust under the provisions of the Maharashtra Public Trust Act, 1950, with the office of the Charity Commissioner, Greater Mumbai vide PTR No. E-1233 (BOM) on 24th February 1956. The Petitioner is a Charitable Trust established for educational purposes, having PAN AABTS9310C. It is also registered under Section 12A(1)(a)(i) of the Act vide registration No. AABTS9310CE19750 dated 2....

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.... time because the accounts of the Petitioner were handled by a lady accountant who unfortunately suffered a miscarriage in the month of August 2022 and was advised to take bed rest for two months, and due to which she was unable to attend the office at the relevant time. The above fact was substantiated by a medical certificate, and in view thereof, the Petitioner could not submit the accounts to the chartered accountant/auditors for finalising the audit report and signing of the financial statements for the financial year ending 31st March 2022. Accordingly, Form No. 10B was e-filed on 5th November 2022 before filing of the Return of Income for A.Y. 2022-23 which was e-filed on the extended due date i.e. 5th November 2022. It was also sta....

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....f her arguments, the Counsel for the Petitioner relied upon the judgments of this Court in the case of Mirae Asset Foundation Vs. Pr. Commissioner of Income-tax (Writ Petition No. 713 of 2025), Sau. Dwarkabai tai Karwa Charitable Trust Vs. Commissioner of Income-tax (Exemption) ([2025] 174 taxmann.com 245 (Bombay)) and Kotak Family Foundation Vs. Commissioner of Income-tax (Exemption) ([2025] 176 taxmann.com 56 (Bombay)) as well as the judgment of the Hon'ble Gujarat High Court in the case of Sarvodaya Charitable Trust Vs. Income Tax Officer (exemption) ([2021] 125 taxmann.com 75 (Gujarat)). It was contended by the learned Counsel that it is a fairly settled legal position that filing of audit report in Form No. 10B is directory in nature i....

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....ondoned the delay. Even the Hon'ble Gujarat High Court in the case of Sarvodaya Charitable Trust (supra) took the view that in cases like the present one (delay in filing Form No. 10B), the approach of the authorities ought to be equitious, balancing and judicious and availing of exemption should not be denied merely on the bar of limitation. This is more so, when the legislature has conferred wide discretionary powers to condone the delay on the authorities concerned. The relevant portion of this decision reads thus:- "31. Having given our due consideration to all the relevant aspects of the matter, we are of the view that the approach in the cases of the present type should be equitious, balancing and judicious. Technically, strictl....