Assessee, a charitable trust, filed its return along with the audit report under Form 10B with a delay of 70 days. It was denied exemption under section 11 owing to delay. Assessee sought condonation of delay of 70 days in filing Form No. 10B, but the same was rejected by the Commissioner (E) on the ground that the application for condonation of delay was filed beyond the period of three years from the end of the assessment year in question by relying upon Circular No. 16\/2024 dated 18-11-2024. On writ, the Court held that the due date to file the audit report for assessment year 2020-21 was preponed by one month, and the same was inadvertently not noticed by the assessee. Further, during the relevant time, assessee was effectively operating in the absence of key trustees as well as permanent accounting staff, and it was only pursuant to a review of records carried out by newly appointed trustees in March 2025 that assessee became aware of denial of exemption under section 11. Moreover, not condoning such delay would cause genuine hardship to the assessee inasmuch as assessee had been denied exemption under section 11 and a demand of a certain amount upon the assessee after computing the total income of the trust. On facts, the order passed by Commissioner (E) was set aside, and a delay of 70 days in filing of Form No. 10B for assessment year 2020-21 was condoned. \u00a0(AY. 2020-21)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Delay of 70 days-Order of CIT(E) not condoning the delay was quashed and set aside-Authority concerned was directed to grant the exemption.[S. 11, 119(2)(b), Form No 10B, Art. 226]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[21],"tags":[],"class_list":["post-60574","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-fL0","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/60574","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=60574"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/60574\/revisions"}],"predecessor-version":[{"id":60575,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/60574\/revisions\/60575"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=60574"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=60574"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=60574"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}