IMAM AHMED RAZA EDUCATIONAL AND WELFARE TRUST,HAVERI vs. CIT (EXEMPTION) BANGALORE, BANGALORE

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ITA 411/BANG/2025Status: DisposedITAT Bangalore05 May 2025AY 2024-259 pages
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What did the Tribunal hold?

The Tribunal decided to condone the delay of 149 days in filing the appeals. The reasoning was based on the assessee's submission of an application for condonation of delay supported by an affidavit, which demonstrated sufficient cause for the delay. The Tribunal found that the delay was not intentional and that the assessee had taken steps to rectify the situation promptly. The ratio decidendi is that the Tribunal has the power to condone delays under the relevant rules and provisions of the Income Tax Act and Rules, provided a reasonable cause is shown. The Tribunal directed that the appeals be admitted for hearing on merits. No specific issue regarding the rejection of applications under Section 80G(5)(iii) or Section 12(1)(ac)(iii) was decided, as the appeals were admitted after condonation of delay.

What were the facts?

The assessee, Imam Ahmed Raza Educational and Welfare Trust, filed appeals before the Income Tax Appellate Tribunal (ITAT), Bangalore, for Assessment Year 2024-25. These appeals challenge two separate orders dated 25.7.2024, passed by the Commissioner of Income Tax (Exemptions), Bangalore. One order rejected the Trust's application for approval under Section 80G(5)(iii) of the Income Tax Act, 1961, and the other rejected its application for registration under Section 12(1)(ac)(iii) of the same Act. The appeals were filed with a delay of 149 days, for which the assessee submitted an application for condonation of delay supported by an affidavit.

What were the issues?

1. Whether the Tribunal has the power to condone the delay in filing the appeals, and if so, whether sufficient cause has been shown for the delay of 149 days, under Section 253(1) of the Income Tax Act, 1961, read with Rule 5 of the Income Tax (Appellate Tribunal) Rules, 1963. Assessee's Contention: The assessee argued that there was a delay of 149 days in filing the appeals and submitted an application for condonation of delay along with an affidavit, seeking to have the delay condoned. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the condonation of delay or the merits of the appeals.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iii),Section 12(1)(ac)(iii),Section 253(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, A BENCH: BANGALORE

Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY

For Appellant: Mr. Mahamad Rafiq Kuradagi, A.R.
For Respondent: Smt. Srinandini Das, D.R.
Pronounced: 01.05.2025

PER KESHAV DUBEY, JUDICIAL MEMBER:

1.

These appeals at the instance of assessee are directed against the orders of ld. CIT (Exemptions), Bangalore both dated 25.7.2024 vide DIN & Order No. ITBA/EXM/F/EXM45/2024- 25/1067010824(1) rejecting the application for approval u/s 80G(5)(iii) of the Income Tax Act, 1961 & vide DIN & Order No. ITBA/EXM/F/EXM45/2024-25/1067008194(1) rejecting the application for registration u/s 12(1)(ac)(iii) of the Income Tax Act, 1961. Since the issue in both these appeals is common, these are clubbed together, heard together and disposed of by this common order for the sake of convenience and brevity.

2.

At the outset, there is a delay of 149 days in filing both these appeals before this Tribunal. The ld. A.R. of the assessee also drew & 411/Bang/2025 Imam Ahmed Raza Educational and Welfare Trust, Haveri Page 2 of 9 our attention on application for condonation of delay along with the affidavit in original sworn before the notary public on 19.03.2025 which are reproduced below for ease of reference and record:

& 411/Bang/2025 Imam Ahmed Raza Educational and Welfare Trust, Haveri Page 4 of 9 3. We have perused the details filed by the assessee by way of above affidavit to justify the delay and we are satisfied that there is sufficient cause without any malafide intention on the part of the assessee in filing the appeal belatedly before us. It is to be noted that u/s 253(5) of the Act, the Tribunal may admit the appeal filed beyond the period of limitation where it has established that there exists a sufficient cause on the part of the assessee for not presenting the appeals within the prescribed time. The explanation therefore, becomes relevant to determine whether the same reflect sufficient and reasonable cause on the part of the assessee in not filing this appeal within the prescribed time.

3.1 While considering a similar issue the Apex Court in the case of Collector, Land Acquisition v. Mst. Katiji and Ors. (167 ITR 471) laid down six principles. For the purpose of convenience, the principles laid down by the Apex Court are reproduced hereunder:

(1) Ordinarily, a litigant does not stand to benefit by lodging an appeal late.

(2) Refusing to condone delay can result in a meritorious matter being thrown at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties. (3) 'Every day's delay must be explained' does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational, commonsense and pragmatic manner.

(4) When substantial justice and technical consideration are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right in injustice being done because of a nondeliberate delay. (5) There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact, he runs a serious risk.

& 411/Bang/2025 Imam Ahmed Raza Educational and Welfare Trust, Haveri Page 5 of 9 (6) It must be grasped that the judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

3.2 When substantial justice and technical consideration are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right for injustice being done because of nondeliberate delay. Therefore, we have to prefer substantial justice rather than technicality in deciding the issue. As observed by Apex Court, if the application of the assessee for condoning the delay is rejected, it would amount to legalize injustice on technical ground when the Tribunal is capable of removing injustice and to do justice. Therefore, this Tribunal is bound to remove the injustice by condoning the delay on technicalities. If the delay is not condoned, it would amount to legalizing an illegal order which would result in unjust enrichment on the part of the State by retaining the tax relatable thereto. Under the scheme of Constitution, the Government cannot retain even a single pie of the individual citizen as tax, when it is not authorized by an authority of law. Therefore, if we refuse to condone the delay, that would amount to legalize an illegal and unconstitutional order passed by the lower authority.

3.3 Further, in the case of People Education & Economic Development Society Vs/ ITO reported in 100 ITD 87 (TM) (Chen), wherein held that “when substantial justice and technical consultation are pitted against each other, the cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of non-deliberate delay”.

3.4 The next question may arise whether delay was excessive or inordinate. There is no question of any excessive or inordinate when the reason stated by the assessee was a reasonable cause for not & 411/Bang/2025 Imam Ahmed Raza Educational and Welfare Trust, Haveri Page 6 of 9 filing the appeal. We have to see the cause for the delay. When there was a reasonable cause, the period of delay may not be relevant factor. In fact, the Madras High Court in the case of CIT vs. K.S.P. Shanmugavel Nadai and Ors. (153 ITR 596) considered the condonation of delay and held that there was sufficient and reasonable cause on the part of the assessee for not filing the appeal within the period of limitation. Accordingly, the Madras High Court condoned nearly 21 years of delay in filing the appeal. When compared to 21 years, 149 days cannot be considered to be inordinate or excessive. Furthermore, the Chennai Tribunal by majority opinion in the case of People Education and Economic Development Society (PEEDS) v. ITO (100 ITD 87) (Chennai) (TM) condoned more than six hundred days delay. Therefore, in our opinion, by preferring the substantial justice, the delay of 149 days for the AY 2024-25 for both the appeals have to be condoned and accordingly we condone the delay and admit the appeals for adjudication.

4.

Now first, we take assesseee’s appeal in for adjudication. The assessee has raised various grounds of appeal.

5.

Before us, the ld. A.R. of the assessee submitted that the assessee had withdrawn the application in Form No.10AB filed before CIT (Exemptions) for approval u/s 80G(5)(iii) of the Income Tax Act, 1961 (in short “The Act”) and for this reason the ld. CIT(E) has rejected the application for approval u/s 80G(5) of the Act. Further the ld. AR submitted that since the assessee Trust is facing technical difficulties in filing the fresh application for approval/registration & therefore filed the present appeal before this Tribunal along with a condonation petition for seeking direction to the ld. CIT(E) to resolve the issues.

6.

The ld. DR on the other hand submitted that the appeal filed by the assessee is not maintainable as the assessee trust itself withdrew the application filed in form 10AB for approval u/s 80G(5) of the Act before the ld. CIT(E).

7.

We have heard both the parties and perused the materials available on record. On going through the order of the ld. CIT(E), we observe that the ld. CIT (Exemptions) has rejected the application of the assessee with the following observations:

“Assessee has withdrawn the application in Form 10AB filed for approval u/s 80G(5)(iii) of the Act. In view of the above, the Form 10AB dated 1.2.2024 for approval u/s 80G(5)(iii) of the Income Tax Act, 1961 is hereby rejected.”

8.

Keeping in view of the above, since the assessee trust had itself withdrawn the application for grant of approval u/s 80G(5)(iii) of the Act before the ld. CIT (Exemptions), therefore we are of the opinion that no cause of action arises to the assessee trust to prefer the present appeal before us. Accordingly we held that the present appeal is not maintainable and hence dismissed.

10.

At the outset, the ld. A.R. submitted that assessee had withdrawn the application in Form No.10AB filed before CIT (Exemptions) for registration u/s 12(1)(ac)(iii) of the Income Tax Act, 1961 (in short “The Act”) and for this reason the ld. CIT(E) has rejected the application for registration u/s 12(1)(ac)(iii) of the Act. Further the ld. AR submitted that since the assessee Trust is facing technical difficulties in filing the fresh application for & 411/Bang/2025 Imam Ahmed Raza Educational and Welfare Trust, Haveri Page 8 of 9 approval/registration & therefore filed the present appeal before this Tribunal along with a condonation petition for seeking direction to the ld. CIT(E) to resolve the issues & accept the fresh application of registration/approval.

10.1 The ld. DR on the other hand submitted that this appeal filed by the assessee is not maintainable as the assessee trust itself withdrew the application filed in form 10AB for registration u/s 12(1)(ac)(iii) of the Act.

11.

We have heard both the parties and perused the materials available on record. We observe that the ld. CIT (Exemptions) has dismissed the appeal of the assessee with following observations: “Assessee has withdrawn the application in Form 10AB filed for approval u/s 12(1)(ac)(iii) of the Act. In view of the above, the Form 10AB dated 3.1.2024 for approval u/s 12(1)(ac)(iii) of the Income Tax Act, 1961 is hereby rejected.”

11.1 Keeping in view of the above, since the assessee trust had itself withdrawn the application for grant of registration u/s 12(1)(ac)(iii) of the Act before the ld. CIT (Exemptions), therefore we are of the opinion that no cause of action arises to the assessee trust to prefer the present appeal before us. Accordingly, we held that the present appeal is not maintainable and hence dismissed.

12.

In the result, both these appeals of the assessee are dismissed as not maintainable. Order pronounced in the open court on 5th May, 2025

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