Question And Answer
Subject: condonation of delay in filling Form 10 for A.Y. 2022-23
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Querist: prakash
Answered by: Reply of the Expert is awaited;
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Date: May 2, 2024
Query asked by prakash

Assessee is charitable trust duly registered under Bombay Public Trust  and under U/SEc.12A of the Income Tax Act 1961.

For A.Y. 202-23 there was delay in filling the Return of Income and Form 10 by the Trust. Therefore the assessee trust has filed an application for condonation for delay filling Return of Income and also Form,10 before the CIT (E) giving the reasons for the same.

CIT (E) has condone the delay in filling the Return of Income appreciating the reasons given by the trust .

However , has rejected the application filed U/Sec.119(2)(b) by the trust for condoning the delay in filling Form 10, on the ground the assessee trust has filed its return of income for A.Y. 2022-23 beyond the time specified in Sec. 139(1). Even though CIT has in the light of Circular No. 09/2015 dated 09/06/2015 [F. No.312/22/2015-OT] of the Central Board of Direct Taxes condones the delay in filing of Return of Income for A.Y. 2022-23.

Whether the action of CIT, in rejecting the delay in form 10 is legally justified ?

What is remedy available before the Trust?

pl guide

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