2025 (11) TMI 1171

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....of the parties, Rule made returnable forthwith and heard finally. 2. The above Writ Petition is filed seeking to quash and set aside the orders dated 17th March 2025 and 30th June 2025 passed by Respondent No. 1 rejecting the Petitioner's application for condonation of delay in filing it's Form 9A for the Assessment Year 2022-23. The other relief sought is a direction to Respondent No. 1 to condone the delay of approximately 1 year 4 months in the filing of the said Form 9A for Assessment Year 2022-23. 3. The present matter pertains to Assessment Year 2022-23. The Petitioner filed its Return of Income on 19th October 2023 declaring its total income as Nil after claiming exemption under Section 11 of the Income-tax Act. 4. The Expla....

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.... of approximately 509 days in filing its Form 9A for Assessment Year 2022-23. 6. Respondent No. 1, by the impugned order dated 17th March 2025, refused to condone the delay on the ground that placing reliance on publications such as "Taxmann", cannot be a sufficient ground for the delay. 7. Being aggrieved by the impugned order dated 17th March 2025, the Petitioner preferred a Review Application dated 28th March 2025 before the Respondent No. 1 on various grounds, which can be summarized as follows: a. Non-consideration of Judicial Precedents b. Binding Nature of High Court Decisions. c. Exercise of Discretion in Favour of Charitable Institutions. 8. Respondent No. 1, by the impugned order dated 30th June....

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....settled legal principle that ignorantia juris non excusat (ignorance of law is no excuse). The statutory provision, as enacted by Parliament and notified in the Gazette, clearly provided that the amendment regarding the due date of filing Form 9A applied with effect from 1st April 2022, covering Assessment Year 2022-23. In the notes on Clauses proposing the amendment vide Finance Bill 2022, it is clearly mentioned that the said explanation will be applicable from A.Y. 2022-23 and subsequent years. The authoritative source of law is the Finance Act as published in the Official Gazette, and not any commercial publication, however reputed. Mr. Kotangle further submits that it is the responsibility of the assessee and its authorised representat....

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.... Taxmann Publication is a renowned Publication in the Taxation field whereby majority of the Tax Practitioners, Advocates, Chartered Accountants, Jurists, etc. refer to the Bare Act of the Income Tax Act published by them. The Petitioner or its Tax Advisor would never know that such a publication would carry a mistake as to the date from which an amendment to the Income Tax Act, 1961 has been made applicable. Though we agree with Mr. Kotangle that the Petitioner ought to have been more careful, a bona fide mistake in relying on a misprint contained in such a publication on which almost everyone relies, cannot oust the Petitioner from the beneficial provision of Section 119(2)(b) of the Income-tax Act. The Petitioner realised its mistake onl....