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BHARGAV D. KARIA, NIRAL R. MEHTA
Shri 108 Parshwanath Bhakti Vihar Jain Trust – Appellant
Versus
Commissioner of Income Tax (EXEM) or His Successor – Respondent
JUDGMENT :
Bhargav D. Karia, J.
1. Heard learned advocate Mr. S.N. Divatia for the petitioner and learned advocate Ms. Maithili D. Mehta for the respondent.
2. Having regard to the issue involved in this petition which is in a very narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for hearing.
3. Rule returnable forthwith. Learned advocate Ms. Maithili Mehta waives services of notice of rule on behalf of the respondent.
4. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 21.12.2021 passed under section 119(2)(b) of Income Tax Act, 1961 (For short “the Act”) whereby the application filed by the petitioner to condone the delay in filing Form No.10B for Assessment Year 2018-2019 is rejected.
5. Brief facts of the case are that the petitioner is a public charitable trust constituted under the Deed of Settlement dated 22.08.1974 which is registered under the Bombay Public Trust Act, 1950 (as applicable to the state of Gujarat) having registration no. A/744/Patan Dt. 22.10.2003. The Petitioner is also registered under section 12A(a) of the Act vide
The court established that a liberal interpretation of 'genuine hardship' is essential in tax matters, particularly for public charitable trusts, to ensure substantial justice.
The court established that genuine hardship must be considered in applications for condonation of delay in filing tax-related documents, emphasizing the need for a compassionate approach by authoriti....
The main legal point established in the judgment is that while the CBDT's circular authorized the Commissioner to admit belated applications for condonation of delay for up to 365 days, a special ord....
Taxation - Limitation – Delay of 365 days for filing assessment - Where there is delay of upto 365 days in filing Form No.10B for Assessment Year 2018-19 or for any subsequent Assessment Years, the C....
Income Tax –Mistake/error in filing – Demand of payment – order cannot be faulted. However, there is also nothing in section 119(2)(b) preventing or precluding CBDT from passing a special order in an....
Substantive exemptions under the Income Tax Act cannot be denied due to minor procedural lapses, emphasizing an equitable approach in delay condonation.
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