2026 (8) TMI 1110

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....499 of 2025 is filed questioning orders dated 07.01.2025, in relation to the assessment years 2019-20, 2020-21 and 2021-22, issued by the 4th respondent, whereunder the application filed by the petitioner under Section 119(2)(v) of the Income Tax Act, 1961. Writ petition No. 17909 of 2025 is filed questioning the demand notice dated 16.06.2025, issued by the 1st respondent, pursuant to the assessment orders passed against the petitioner. 3. The petitioner is a registered educational society having registered under Section 12AA of the Income Tax Act, by virtue of proceedings dated 03.11.2009, issued by the Commissioner of Income Tax, Vijayawada. As per the trust deed/memorandum or articles of association dated 03.11.2008, the petitioner h....

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....applications under Section 119(2)(b) of the Act to condone the delay in filing Form-10B for the assessment years 2019-20, 2020-21 and 2021-22. The applications filed by the petitioner came to be rejected by separate orders dated 07.01.2025, which are being impugned in WP No.3499 of 2025. In the process of recovery, the 1st respondent issued notice dated 16.06.2025, the same is being impugned in WP No.17909 of 2025. 5. The counsel for petitioner would submit that the last date for filing Form-10B was 31.10.2019, whereas the petitioner filed the same on 13.11.2019, with a delay of 13 days. Similarly, the petitioner filed Form-10B on 14.02.2021 and 08.02.2021 for the periods 2020-21 and 2021-22 respectively i.e., within the extended date of....

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....and deal with the same on merits in accordance with law". 7. A reading of the above provision would clearly indicate that the intention of the legislature was to take a liberal approach, whenever an application is filed under the above provision of law. Further, under Section 119(2)(b) of the Act, the power is conferred on the 4th respondent to condone the delay in furnishing the returns of an appropriate application within a reasonable period of time. A further perusal of the above provision would make it clear that, there is no specific time prescribed for condonation of delay, meaning thereby discretion is given to the 4th respondent to exercise the same in proper prospective, especially taking into account the difficulties faced by t....