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TMI Blog2025 (1) TMI 1129X X X X Extracts X X X X X X X X Extracts X X X X ..... D THAT:- There is no serious denying that the reconstruction and redevelopment of the trust premises have been going on since 2018. Necessary approvals are on record. There is a reference to the intervening Covid pandemic. If, for all these reasons, there was some disruption in the normal functioning of the trust office, entailing a marginal delay of 15 days in filing Form-10B, a case of sufficien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the parties. 3. This Petition concerns the Assessment Year 2022-23 and challenges the CIT (Exemptions) order dated 21 November 2023, which refused to condone a 15-day delay in filing Form-10B of the Income Tax Act, 1961 ("IT Act") on the ground that no sufficient cause was shown. 4. The Petitioner had submitted that reconstruction and redevelopment of the trust premises had been going on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod. He referred to the decisions discussed in the impugned order regarding the importance of adherence to the timelines under the provisions of the Income Tax Act. He also relied on Ranka & others Vs. Rewa Coalfields Ltd. AIR 1962 SC 361 to submit that every day's delay needs to be explained with cogent evidence. 6. We have considered the rival contentions, and in our judgment, the 15-day delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopment work commenced in 2018 and were ongoing, such a distinction was improper. The trust has also submitted sufficient evidence regarding ongoing construction activities in forms, approvals, commencement certificates, etc. The reason is neither frivolous nor can it be said to be some excuse to derive some undue benefits. Even assuming that each day's delay must be explained, considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause has been shown to explain the marginal delay. 11. For all the above reasons, we set aside the impugned order and condone the delay of 15 days in filing Form-10B of the IT Act. 12. Now that we have condoned the delay, it will be open to the Petitioner to take steps regarding the impugned intimation. This liberty is granted explicitly to the Petitioner. 13. The rule is made absolute in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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