2026 (5) TMI 482

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....Mr. Tarak Nath Jaiswal Mr. Sujit Mitra. ORDER 1. The petitioner being an assessee under the Income Tax Act, 1961 (hereinafter referred to as the said Act) carries on various charitable activities and is registered under Section 12A of the said Act. 2. Main grievance of the petitioner is with regard to the non disposal of its application dated 27.01.2026 filed before the respondent no. 2 f....

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....020 dated 03.01.2020 by drawing attention of this Court to the relevant paragraph Nos. 5 and 6 which are reproduced below:- "5. In addition to the above, it has also been decided by the CBDT that where there is delay of upto 365 days in filing Form No. 10B for Assessment Year 2018-19 or for any subsequent Assessment Years, the Commissioners of Income tax are hereby authorized to admit suc....

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....application is made. The time limit for filing of such application within three years from the end of the assessment year will be applicable for application filed on or after the date of issue of this Circular. A condonation application should be disposed of, as far as possible, within six months from the end of the month in which such application is received by the Competent Authority." 6. It ....

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....titioner is a charitable Trust registered under Section 12A. The exemption under Section 12A is a substantive right. A procedural lapse in filing the audit report in Form 10BB instead of Form 10B cannot, by itself, defeat such substantiative entitlement as held in CIT VS Rajasthan and Gujrat Charitable foundation reported at (2018) 14 SCC 348. 9. Since Circular No. 16/2024 mandates that condona....