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BHARGAV D. KARIA, NIRAL R. MEHTA
Visha Oswal Tap. Shantibhuvan Upashray And Derasar-Jamnagar – Appellant
Versus
Commissioner Of Income Tax (Exemptions) – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned Senior Advocate Mr. Tushar Hemani with learned advocate Ms.Vaibhavi Parikh for the petitioner and learned Senior Standing Counsel Ms.Maithili Mehta for the respondent.
2. Rule, returnable forthwith. Learned Senior Standing Counsel Ms.Maithili Mehta waives service of notice of rule for and on behalf of the respondent.
3. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 09.09.2019 passed by the respondent-Commissioner of Income Tax (Exemption) under Section 119(2)(b) of the Income Tax Act, 1961 (for short ‘the Act’) whereby, the application for condonation of delay in filing Form No.10B for Assessment Year 2015-16 is rejected.
4.1. The brief facts of the case are that, the petitioner-Trust is engaged in charitable and religeous activities. The petitioner-Trust is duly registered under the provisions of the Bombay Public Trust Act, 1950 and is also registered under Section 12A of the Act on 07.08.1979.
4.2. It is the case of the petitioner-Trust that during the financial year 2014-15 relevant to Assessment Year 2015-16, the total income of the petitioner-Trust was Rs.15,73,887/- as
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 court established that a liberal interpretation of 'genuine hardship' is essential in tax matters, particularly for public charitable trusts, to ensure substantial justice.
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....
Delayed audit report filing under section 10(23C) is directory; submission before assessment completion constitutes sufficient compliance for exemption, not barred by procedural lapse despite strict ....
The requirement of filing tax-related documents within statutory timelines is mandatory and cannot be relaxed without adequate justification.
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