Assessee, a charitable trust, was registered under section 12A. It filed its return for the relevant assessment year on 5-11-2022, claiming exemption under section 11. The assessee filed Form No. 10B on the same day as the filing of the return, which was beyond the due date of 7-10-2022. There was a delay of 29 days in filing Form No. 10B. Assessee filed an application seeking condonation of delay, claiming that the form could not be filed in due time because its accountant suffered a miscarriage and was advised to take bed rest, which prevented timely finalisation of accounts. However, the Commissioner rejected the application on the ground that the assessee had not shown any reasonable cause that prevented it from filing the audit report within the specified date. On writ condoning the delay, the court held that since there was only a 29-day delay in filing Form No. 10B and the Commissioner never doubted the factual situation put forth by the assessee to explain the delay, the Commissioner ought to have condoned the delay. If this delay was not condoned, there would be genuine hardship to the assessee, inasmuch as the assessee would be denied exemption otherwise claimed under section 11, which was a substantial amount. Delay was condoned. (AY. 2022-23)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Form No 10B delayed by 29 days-Delay was condoned, and the revenue was directed to allow exemption. [S. 11, 12A, 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-60578","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-fL4","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/60578","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=60578"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/60578\/revisions"}],"predecessor-version":[{"id":60579,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/60578\/revisions\/60579"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=60578"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=60578"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=60578"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}