9911796707
TMI Blog2025 (1) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... ince Form 10B had to be filed with the original return, there is a delay. For this delay, the Petitioner has shown sufficient cause. Delay is not mala fide, and the Petitioner has not derived any undue advantage from such a delay. Learned counsel for the Respondent submits that the Petitioner is habitually late in such matters. There is no material to sustain this contention. In any event, even if we accept this contention, we must focus on the cause shown for the relevant Assessment Years. As noted, there is sufficient cause for all the three Assessment Years, which we must now consider in this Petition. Petitioner is not some business venture but an educational institution. Even this aspect is relevant. The impact of Covid-19 Pandemic o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration. Thus, this Petition is now restricted to Assessment Year 2019-2020, where, according to Mr Damle, there was no delay, and Assessment Year 2021-2022 and 2022-2023, where the delay was 2 and 16 days, respectively. 5. From the record, however, we find a delay in filing the Form 10B for Assessment Year 2019-2020. This form was required to be filed along with the original return of income dated 27 August 2019. However, the same was filed on 17 July 2020, along with the revised return under Section 139(5) of the IT Act. Mr Damle relies on the extension granted for filing revised returns up to 30 September 2020 due to the COVID-19 pandemic. However, since the Form 10B had to be filed along with the original return, this contention cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the relevant Assessment Years. As noted, there is sufficient cause for all the three Assessment Years, which we must now consider in this Petition. 9. The Petitioner is not some business venture but an educational institution. Even this aspect is relevant. The impact of Covid-19 Pandemic on the functioning of the Petitioner is required to be taken into consideration. 10. For all the above reasons, we set aside the impugned orders dated 12 October 2023 and condone the delay in filing Form 10B for the Assessment Year 2019-2020, 2021-2022 and 2022-2023. Further, we grant the Petitioner liberty to pursue the issue of condonation for the Assessment Year 2020-2021 before the CBDT. 11. The Rule is made absolute in the above terms without an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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