2026 (4) TMI 1492

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.... and set aside the order dated 18th April 2024 passed by Respondent No. 1 rejecting the Petitioner's application for condonation of delay in filing it's Form 10 for the Assessment Year 2022-23. The other relief sought is a direction to Respondent No. 1 to condone the delay of approximately 11 months in the filing of the said Form 10 for Assessment Year 2022-23. 4. The present matter pertains to Assessment Year 2022-23. The Petitioner filed its Audit Report in Form 10B on 19th September 2022; however, it did not file its Return of Income and its Form 10 which is required for claiming exemption under Section 11 of the Income Tax Act, 1961 (for short "I. T. Act"). 5. It is the case of the Petitioner that upon enquiry with its Chartered A....

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....lowing or rejecting the condonation of delay towards filing of Form 10. 7. The Petitioner, in pursuance of the Respondent's Order dated 24th July 2023, filed its Return of Income and Form 10 for Assessment Year 2022-23 on 9th August 2023 and thereafter once again filed an application for condonation of delay under Section 119(2)(b) of the I.T. Act towards filing of its Form 10 with Respondent No. 1 on 10th August 2023. 8. Respondent No. 1, by the impugned order dated 18th April, 2024, refused to condone the delay on the ground that the Petitioner has filed its return of income on 9th August 2023 which was beyond the time limit specified under Section 139(1) of the I. T. Act and hence was in contravention of the condition specified und....

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.... 15.02.2021 20.11.2020 733074261201120 10 2021-22 15.03.2022 18.01.2022 942954220180122 10. On the other hand, Mr. Saxena, the learned Advocate for the Revenue, submitted that the Petitioner had filed the Return of Income and Form 10 belatedly and they should have been diligent in the filing of the same to avail the benefits under Section 11 of the I.T. Act. Accordingly, the impugned order is rightly passed keeping in mind the provisions of Section 13(9)(ii) of the I. T. Act, was the submission. Consequently, he submitted that the Petition be dismissed. 11. Having carefully perused the records of the proceedings, we are of the view that the Petitioner Trust would suffer grave hardship if the delay is not condoned....