Manav Seva Samiti v. PCCIT (2025) 480 ITR 457 (Raj) (HC)

S. 119: Central Board of Direct Taxes-Circular-Charitable trust-Delay of 700 days in filing Form No. 10B-No mala fide intention-Assessee, a registered public charitable trust, could not be denied exemption merely on technical bar of limitation when substantive conditions were satisfied-Order rejecting condonation application quashed-Delay condoned and assessee permitted to upload Form No. 10B. [S. 11, 12, 119(2)(b), Art. 226, Form No. 10B]

The assessee, a registered public charitable trust, filed Form No. 10B for AY 2018-19 belatedly with a delay of 700 days, attributable to the illness and subsequent death of its president, which disrupted the day-to-day affairs of the trust. Its application under section 119(2)(b) for condonation of delay was rejected by the Revenue. Allowing the writ petition, the High Court held that there was no allegation of any mala fide intention in belated filing of Form No. 10B, nor was the charitable status of the assessee in dispute. The Court observed that although limitation provisions are intended to attach finality, where the Legislature confers wide discretionary powers to alleviate hardship, such powers must be exercised in a reasonable, equitable and judicious manner. Since the assessee substantially fulfilled the conditions for exemption and the delay was occasioned by genuine hardship, denial of exemption on a mere technical ground was unjustified. Accordingly, the order rejecting condonation was quashed and set aside, the delay was condoned, and the assessee was permitted to upload Form No. 10B. (AY. 2018-19)

Leave a Reply

Your email address will not be published. Required fields are marked *

*