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TMI Blog2024 (10) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... new application in Form 10AB upto 30.09.2022. We, however, on perusal of the recent Circular dated 25.04.2024 issued by the CBDT find that the due date for filing Form 10A/10AB has now been extended upto 30.06.2024. Since the assessee s application was filed on 01.11.2022 , the same is before the extended due date by 30. 06.2024 issued by CBDT. We direct the CIT(Exemption) to admit the assessee s application in Form 10AB and grant approval under section 80G(5)(iii) in accordance with law. Appeal of the assessee stands allowed for statistical purposes. - SHRI RAJPAL YADAV, VICE-PRESIDENT (KZ) DR. MANISH BORAD, ACCOUNTANT MEMBER SHRI SUMANTRA SARATHI MAHATA, A.R., APPEARED ON BEHALF OF THE ASSESSEE SHRI SUBHENDU DATTA, CIT, D.R., APPEARED ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section 3 of section 249 of Income Tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this expression has fallen for consideration before Honble High Court as well as before the Honble Supreme Court, then, Honble Court were unanimous in their conclusion that this expression is to be used liberally. We may make reference to the following observations of the Hon ble Supreme court from the decision in the case of Collector Land Acquisition Vs. Mst. Katiji Others, 1987 AIR 1353: 1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. Law of l imitation fixes a life-span for such legal remedy for the redress of the legal injury so suffered. Time is precious and the wasted time would never revisit. During efflux of time newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a life span must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. Law of l imitation is thus founded on public policy. It is enshrined in the maxim Interest reipublicae up sit finis litium (it is for the general welfare that a period be putt to litigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. It would be a salutary guideline that when courts condone the delay due to laches on the part of the applicant the court shall compensate the opposite party for his loss . 5. We do not deem it necessary to re-cite or recapitulate the proposition laid down in other decisions. It is suffice to say that the Honble Courts are unanimous in their approach to propound that whenever the reasons assigned by an applicant for explaining the condonation of delay, then such reasons are to be construed with a justice oriented approach. 6. In the light of the above, we are of the view that while making this appeal time barred, the assessee will not gain anything. The delay has not been adopted by the assessee as a strategy to litigate with the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the record carefully. We observe that the assessee is a Charitable Organization and provisionally enjoying registration under section 12A and has also been granted provisional registration under section 80G(5)(iii) on 15.03.2022. Application for approval under section 80G(5)(iii) was filed on 01.11.2022 duly filled in Form 10AB. The ld. Assessing Officer treated the same as non- maintainable on the ground that CBDT vide its Circular bearing No. 6 of 2023 dated 24th May, 2023 has extended the date of filing new application in Form 10AB upto 30.09.2022. We, however, on perusal of the recent Circular dated 25.04.2024 issued by the CBDT find that the due date for filing Form 10A/10AB has now been extended upto 30.06.2024. Since the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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