Allowing the petition the Court held that since assessee was a public charitable trust for past 30 years who substantially satisfied condition for availing benefit of exemption, assessee could not be denied exemption merely on bar of limitation to submit Form no. 10, especially, when legislature had conferred wide discretionary powers to condone such delay on authorities concerned. (AY. 2016-17)
Sarvodaya Charitable Trust v. ITO(E) (2021) 278 Taxman 148 (Guj.) (HC)
S. 12A : Registration-Trust or institution-Delay in filing Form No 10B-Denial of exemption is held to be not justified. [S. 119, Art. 226]