SAU DWARKABAI TAI KARVA CHARITABLE PUBLIC TRUST vs. COMMISSIONER OF INCOME TAX EXEMPTIONS AND ORS
What did the High Court hold?
The High Court held that sufficient cause was shown for the condonation of delay in filing Form-10. The Court considered the peculiar facts, including the Petitioner being a small charitable trust engaged in educational scholarships, the challenges faced during the COVID-19 pandemic which had just ended, and the Petitioner's past diligence in filing necessary forms. The Court noted the absence of malafides and that the Petitioner had not gained any undue advantage from the delay. The fact that the return was filed within the prescribed period, and the delay occurred only in filing Form-10 after the lacuna was pointed out, was also considered. The Court acknowledged the Petitioner's lack of professional assistance. Therefore, the impugned communication/order dated August 8, 2024, was set aside, and the Petitioner's application for condonation of delay was allowed. The Petitioner was permitted to file consequential applications. The rule was made absolute without costs.
What were the facts?
The Petitioner, Sau Dwarkabai Tai Karwa Charitable Public Trust, Nashik, a registered charitable trust under Section 12A since December 12, 2003, filed its income tax return for Assessment Year 2021-2022 on January 12, 2022, and Form-10B on January 10, 2022. An intimation under Section 143(1) was received on September 14, 2022. Form-10 was filed on November 12, 2022, which was delayed. The Petitioner filed an application on February 10, 2024, seeking condonation of this delay. The Commissioner of Income Tax (Exemptions)-Pune at Nashik, by an order dated August 8, 2024, rejected the condonation application. A recovery notice was issued on September 17, 2024, leading to the present writ petition.
What were the issues?
1. Whether the Petitioner has shown sufficient cause for the delay in filing Form-10 for Assessment Year 2021-2022, thereby warranting condonation under Section 11A of the IT Act (implied by the context of condonation of delay for a form related to exemptions)? Assessee's Contentions: The Petitioner argued that while the application for condonation of delay might not have detailed many reasons, the attendant circumstances should be considered. The Petitioner is a small charitable trust engaged in awarding scholarships. The returns were filed during the extended period due to the COVID-19 pandemic, making documentation challenging. The trust has been diligent in previous years, acted without malafides, and gained no undue advantage from the delay. The Petitioner also relied on a precedent where similar circumstances led to condonation. The Petitioner lacked professional assistance in filing the application. Revenue's Contentions: The Revenue contended that not many reasons were set out in the application explaining the delay.
Which sections of the Income-tax Act were involved?
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The record also shows that the Petitioner has been diligent and punctual in filing the necessary Form-10 along with its returns for the previous years. The Petitioner, in its application for condonation of delay, has relied upon a precedent, thereby suggesting that the circumstances referred to in the precedent were not qualitatively different from those in the Petitioner's case. There are no malafides involved, and it is not as if the Petitioner has gained any undue advantage on account of the delay in submitting Form-10. 9. In this case, the return was filed within the prescribed period, but Form-10 did not accompany it. After this lacuna was pointed out, the same was rectified, but with some delay. From the Application for condonation of delay, it appears that the Petitioner did not have any professional assistance. This position was affirmed by Mr. Jain, learned counsel for the Petitioner.
Therefore, considering all such factors, we think sufficient cause has been shown for the condonation of delay. In such matters, there is bound to be some lapse on the part of the party seeking condonation. However, suppose the explanation is acceptable and plausible and further. In that case, the Applicant has not acted malafide or derived some undue advantage from such delay; the cause shown could be accepted. JUDGMENT-19-WP-4162-25(1).DOCX
For all the above reasons, we set aside the impugned communication/order dated 08 August 2024 and allow the Petitioner’s Application for condonation of delay.
The Petitioner is now free to file consequential applications, now that we have condoned the delay.
The rule is made absolute in the above terms without any costs order.
All concerned can act on an authenticated copy of this order. (Jitendra Jain, J) (M.S. Sonak, J)
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