2025 (9) TMI 1447

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....: Mr. Prathamesh P. Bhosle, Advocate. P.C. 1. Rule. Respondents waive service. With the consent of the parties, Rule made returnable forthwith and heard finally. 2. The above Writ Petition is filed seeking to quash and set aside an order dated 25th February 2025 passed by Respondent No. 1 rejecting the Petitioner's application for condonation of delay in filing Form No. 10BB for the A....

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....said delay in verifying the Form No. 10BB occurred because they were awaiting instructions for verification from their Chartered Accountant. Hence, there is a delay of 81 days in verifying Form No. 10BB, though the same was uploaded on the Income Tax portal on 27th October 2018. 4. Subsequently, Respondent No. 2 issued intimation under Section 143(1) of the Act on 26th February 2020 denying the....

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....dent No. 1 under Section 119(2)(b) of the Act on 12th May 2022 seeking condonation of delay of 81 days in filing Form No. 10BB. Subsequently, the NFAC passed an order on 7th November 2022 directing Respondent No. 1 to verify and allow the claim of exemption to the Petitioner subject to the condonation of delay under Section 119(2)(b) of the Act. 6. Respondent No. 1, by the impugned order, refus....

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....2019 causing a delay of 81 days. However, Respondent No. 1 refused to accept the same. 8. Having considered the matter in its entirety, we are of the view that the Petitioner Institute would suffer grave hardship if the delay is not condoned and the exemption is denied to them only on this count. The Petitioner Institute, which is a charitable educational Institute, ought not to be foisted with....