9911796707
TMI Blog2024 (8) TMI 1476X X X X Extracts X X X X X X X X Extracts X X X X ..... within the due date was to be condoned and the exemption was to be allowed and granted. Also, the Hon'ble Telangana High Court in the case of Global Organisation for Development [ 2024 (5) TMI 1171 - TELANGANA HIGH COURT] has held that the delay on the part of the assessee in submitting Form-10B was to be condoned and the matter remanded back to the file of the AO for passing appropriate order on merits. Also in Al Jamia Mohammediyah Education Society [ 2024 (4) TMI 939 - BOMBAY HIGH COURT] held that where the assessee Trust belatedly submitted Form-10B, along with return, on account of oversight by the Chartered Accountant, the delay in filing of Form-10B deserves to be condoned. Thus delay in filing of Form-10B is hereby condoned and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018-19 or any subsequent assessment year. Considering these factors, the ld. CIT(A) confirmed the disallowance of claim of exemption, even though he has mentioned in para 5.3 of the impugned order that the appellant can still choose to filed a condonation of delay application before the competent authority. 2. The appellant was apparently not satisfied with the findings in the impugned order and has chosen to file an appeal before the ITAT. It is seen that the grounds of appeal are lengthy and argumentative, but their content can be summarized by simply mentioning that since the appellant is a registered Trust u/s 12A of the Act, he is eligible for exemption claimed of Rs. 3,71,471/-. 2.1. Before us, the ld. Counsel for the assessee menti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passing appropriate order on merits. Similarly, the Hon'ble Bombay High Court in the case of Al Jamia Mohammediyah Education Society vs. Commissioner of Income-tax (Exemptions) reported in [2024] 162 taxmann.com 114 (Bombay) has held that where the assessee Trust belatedly submitted Form-10B, along with return, on account of oversight by the Chartered Accountant, the delay in filing of Form-10B deserves to be condoned. In fact, some relevant portions from the said order deserves to be extracted as under: ■ Admittedly, Petitioner is a charitable trust and had been filing its returns and Form 10B for AY 2015-16, for AY 2017-18 to AY 2021-22 within the due dates. On this ground alone, delay condonation application should have been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Murtipujak Tapagachha Sangh v. CIT (Exemptions) [2024] 161 taxmann.com114 (Bombay) was also a case where auditor had due to oversight not filed Form 10B. The Court held that the error on the part of auditor cannot be rejected but should be accepted as a reasonable cause shown by the trust management. In that case also, Petitioner did not suo moto realize its mistake and filed a condonation request only after Centralised Processing Centre ( CPC ) sent an intimation about non-filing of Form 10B. [Para 8] ■ Having considered the matter in its entirety, one is satisfied that the delay was not intentional or deliberate. Petitioner cannot be prejudiced on account of an ignorance or error committed by professional engaged by Petitioner. Res ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
