2025 (9) TMI 1799

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....filed for condonation of delay of 31 days. By the impugned order, Respondent No.1 has refused to condone the delay in filing Form No. 10B for A.Y. 2022-23. Consequently, the exemption claimed by the Petitioner under Section 11 of the Act has been denied to the Petitioner which is a Charitable Trust. 2. The Petitioner is a Charitable Trust established for charitable and religious purposes and is registered as a Public Charitable Trust under the provisions of the Maharashtra Public Trust Act, 1950 with the office of the Charity Commissioner, Greater Mumbai vide PTR No. A-482 (Mumbai) dated 7th October 1952, having PAN: AAATS0405R. The Petitioner is registered under Section 12A(1)(ac)(i) of the Act, vide registration No. AAATS0405RE19760 da....

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....l and hence he could not attend office on a regular basis. Further, the Petitioner had undertaken redevelopment work for reconstruction of the boarding building for poor and needy students. This also resulted in extra admin work and took a lot of time of the accountant to handle various paper work/documents related to the above work. The above fact was substantiated by a medical leave application from the accountant, and in view thereof, the Petitioner could not submit the accounts to the chartered accountant/auditors for finalising the audit report and signing of the financial statements for the financial year ending 31st March 2022. Accordingly, Form No. 10B was e-filed on 7th November 2022 before filing of the Return of Income for the A.....

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....technical and there was no loss of revenue and nor any attempt to evade tax. 7. In support of her arguments, the Counsel for the Petitioner relied upon the judgments of this Court in the case of Mirae Asset Foundation Vs. Pr. Commissioner of Income-tax (Writ Petition No. 713 of 2025), Sau. Dwarkabai tai Karwa Charitable Trust Vs. Commissioner of Income-tax (Exemption) ([2025] 174 taxmann.com 245 (Bombay)) and Kotak Family Foundation Vs. Commissioner of Income-tax (Exemption) ([2025] 176 taxmann.com 56 (Bombay) as well as the judgment of the Hon'ble Gujarat High Court in the case of Sarvodaya Charitable Trust Vs. Income Tax Officer (Exemption) ([2021] 125 taxmann.com 75 (Gujarat)). It was contended by the learned Counsel that it is a fair....

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....ai tai Karwa Charitable Trust (supra) and Kotak Family Foundation (supra) has taken a similar view and condoned the delay. Even the Hon'ble Gujarat High Court in the case of Sarvodaya Charitable Trust (supra) took the view that in cases like the present one (delay in filing Form No. 10B), the approach of the authorities ought to be equitious, balancing and judicious and availing of exemption should not be denied merely on the bar of limitation. This is more so, when the legislature has conferred wide discretionary powers to condone the delay on the authorities concerned. The relevant portion of this decision reads thus:- "31. Having given our due consideration to all the relevant aspects of the matter, we are of the view that the a....