2021 (7) TMI 1325 - HC - Income Tax

Exemption u/s 11 - delay in filing Form No.10 - HELD THAT - This writ petition is disposed of by granting liberty to the petitioner to file an application before the CBDT under Section 119(2)(b) of the Income Tax Act making prayer for authorising the concerned officers to consider for exemption by condoning the delay in filing Form No.10 for the relevant assessment year. If such application is filed by the petitioner within three weeks from date, the CBDT will consider and dispose of such application within four weeks from the date of receipt of such application in accordance with law with intimation to the petitioner.

Summary

Issues:
1. Delay in filing Form No.10 for assessment year 2017-2018.

Analysis:
The petitioner, a governing body for cricket in Tripura affiliated with the BCCI, sought relief due to a delay in filing Form No.10 under Section 11 of the Income Tax Act, 1961. The petitioner requested permission to apply to the Central Board of Direct Taxes (CBDT) for condonation of the delay. The petitioner, represented by Mr. Majumdar, emphasized a relevant decision in the case of Little Angels Education Society Vs. Union of India. The High Court, after hearing both parties, granted the petitioner liberty to submit an application to the CBDT under Section 119(2)(b) of the Income Tax Act. The court directed the CBDT to consider and decide on the application within four weeks of its receipt, in accordance with the law, while informing the petitioner of the outcome. Notably, the court clarified that it did not delve into the merits of the case, leaving the decision to the concerned authority to decide independently and in compliance with the law. Consequently, the writ petition (W.P.A. 8480 of 2020) was disposed of.

This judgment primarily addresses the issue of delay in filing Form No.10 for the assessment year 2017-2018 by the petitioner, a cricket governing body in Tripura. The court's decision to grant liberty to the petitioner to approach the CBDT for condonation of the delay reflects a balanced approach, ensuring the petitioner's right to seek relief while upholding the procedural requirements under the Income Tax Act. By emphasizing that the CBDT should decide on the application within a specified timeframe and in accordance with the law, the court maintains transparency and accountability in the process. The reference to a relevant legal precedent highlights the importance of legal principles and precedents in guiding judicial decisions, further strengthening the petitioner's case. Overall, the judgment showcases a judicious application of legal provisions to address the specific issue at hand, providing a clear pathway for the petitioner to seek redressal for the delay in filing the required form.