2025 (11) TMI 169

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....No. 1 rejecting the Petitioner's application for condonation of delay in filing Form No. 9A for the Assessment Year 2017-18. The other relief sought is a direction to Respondent No. 1 to condone the delay and allow the Petitioner's claim for accumulation of Rs. 11,63,068/- in terms of Section 11(1) clause (2) of the Income Tax Act, 1961. 3. The present matter pertains to the Assessment Year 2017-18. The Petitioner filed its Return of Income on 1st November 2017. The Petitioner uploaded Form No.9A after Respondent No. 2 intimated improper filing of Income Tax Return on 2nd November 2018. Thereafter, the Petitioner rectified and filed revised Income Tax Return on the Income Tax portal on 20th November 2018. After this, Respondent No. 2 iss....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ently missed out on the submission of Form No.9A while filing the Income Tax Return. 6. Having carefully perused the affidavit filed by the erstwhile Chartered Accountant of the Petitioner-Trust, we are of the view that the Petitioner-Trust would suffer grave hardship if the delay is not condoned and the exemption is denied to them only on this count. The Petitioner-Trust, which is a non-government charitable Trust, ought not to be foisted with such a liability because of the inadvertent error of its Chartered Accountant. 7. We also find that in similar facts, this Court in the case of Mirae Asset Foundation V/S Pr. Commissioner of Income-tax (Writ Petition No.713 of 2025) and Sau Dwarkabai tai Karwa Charitable Trust V/S Commissioner ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned. 32. We may also refer to the decision of this Court in CIT v. Gujarat Oil and Allied Industries Ltd. [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completion of the assessment. This Court took the view that the benefit of exemption should not be denied merely on account of delay in furnishing the same and it is ....