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TMI Blog2022 (12) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... daya Charitable Trust [ 2021 (1) TMI 214 - GUJARAT HIGH COURT] the assessee had produced the audit report after processing the return under Section 143(1). This Court in the said order has observed that the approach of the authority in these type of cases should be equitable, balancing and judicious. Technically speaking, respondent No.2 might be justified in denying the exemption under Section 11 of the Act by rejecting such condonation application, but an assessee, which is a public charitable trust for past 30 years which substantially satisfies the conditions for availing such exemption, should not be denied the same merely on the bar of limitation especially when the legislature has conferred wide discretionary powers to condone such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm No.10B for Assessment Year 2016-17,has been rejected. Facts : 2. Petitioner is a Public Charitable Trust registered with the Charity Commissioner as well as Income-tax authorities. Petitioner is a Social Security Scheme of Gujarat Institute of Civil Engineers and Architects which pools contribution from registered civil engineers and architects to disburse to the family members in case of death. It is the case of the petitioner that it has been filing returns of income in time along with audit report under Section 12A(1)(B) of the Act. For the assessment year 2016-2017, the petitioner obtained audit report from Chartered Accountant well before the time limit. However, though the audit report in Form 10B for A.Y. 2016-17 was r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eipt of the intimation under Section 143(1) rejecting the claim of exemption under Section 11 of the Act. He further submitted that merely non-filing of Form No.10B report, for which, the assessing officer could not take up the return filed by the petitioner in scrutiny could not be a ground for denial of exemption. In support of his submission, he relied upon the decision of this Court in the case of Sarvodaya Charitable Trust vs. Income Tax Officer (Exemption) in R/Special Civil Application No.6097 of 2020 dated 9.12.2020. He further submitted that the petitioner is otherwise a charitable organization and eligible for exemption u/s 11, as it has received the same benefits since many years. The demand of Rs.16,39,948/- is erroneously raise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner. Admittedly, the petitioner has e-filed Form No.10B on 28.8.2018 which was much beyond the time specified in the said circular. 4.2. Distinguishing the decision of this Court in the case of Sarvodaya Charitable Trust vs. Income Tax Officer (Exemption), she submitted that in the present case assessee failed to justify by placing reasonable cause or the genuine hardship caused. An inadvertence cannot be stated to be sufficient reason and, therefore, the application under Section 119(2)(b) has been rightly rejected by the respondent. Conclusion: 5. Having heard learned advocates for the respective parties and having gone through the material on record, the only question which falls for consideration is whether respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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