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TMI Blog2025 (3) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Regard being had to the similitude of the questions involved on the joint request of the parties, these matters were analogously heard and decided by this common order. 3. In W.P. Nos.2837 and 2998 of 2025, the orders dated 13.01.2025, whereby the applications filed for condonation of delay of 3198 and 3533 days respectively in filing Form 10-B of the Income Tax Act, 1961, pertaining to Assessment Years 2015-16 and 2014-15, were rejected. 4. Learned counsel for the petitioner submits that petitioner is a charitable Trust. By placing reliance on additional affidavit, it is submitted that apart from the aforesaid two years, the petitioner submitted returns in time for last 45 years. The delay occurred because the Chartered Accountant of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ground that according to the Chief Commissioner's opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could have brought on record, to substantiate the inadvertence of its advisor. The net result of the impugned order is in effect that the petitioner's claim of inadvertent mistake is sought to be characterised as not bona fide. The court is of the opinion that an assessee has to take leave of its senses if it deliberately wishes to forego a substantial amount as the assessee is ascribed to have in the circumstances of this case. 'Bona fide' is to be understood in the context of the circumstance of any case. Beyond a plea of the sort ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st 30 years who substantially satisfies the condition for availing of 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 delay on the authorities concerned. 32. We may also refer to the decision of this court in CIT v. Gujarat Oil and Allied Industries [1993] 201 ITR 325 (Guj), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completion of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfies the condition for availing of 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 delay on the authorities concerned. Paragraphs 30 and 31 of Sarvodaya Charitable Trust v. ITO (Exemption) [(2021) 18 ITR-OL 253 (Guj); 2020 SCC OnLine Guj 3597; (2021) 125 taxmann.com 75 (Guj).] reads as under (page 271 of 18 ITR-OL): "30. We may also refer to and rely upon a decision of the Delhi High Court in the case of G.V. Infosutions Pvt. Ltd. v. Dy. CIT [(2019) 13 ITR-OL 164 (Delhi); 2019 SCC OnLine Del 6861; (2019) 102 taxmann.com 397 (Delhi); (2019) 261 Taxman 482 (Delhi).]. We may quote the relevant observations thus (page 170 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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