A procedural error in filing the incorrect audit form (Form 10BB instead of Form 10B) cannot defeat the substantive right of a charitable trust to claim exemption under Section 12A of the Income Tax Act, 1961.

1. The petitioner being an assessee under the Income Tax Act, 1961 (hereinafter referred to as the said Act) carries on various charitable activities and is registered under Section 12A of the said Act.

2. Main grievance of the petitioner is with regard to the non disposal of its application dated 27.01.2026 filed before the respondent no. 2 for the assessment year 2024-25, seeking condonation of delay in filing Form 10B.

3. Leaned Senior Counsel appearing for the petitioner submits that an application for condonation of delay in filing Form 10B has been submitted along with the audit Report. However, due to an inadvertent mistake by the Chartered Accountant, the audit report has been filed in Form 10BB instead of Form 10B.

4. It is further submitted that the petitioner is a charitable trust exempted under Section 12A of the said Act. As such, an audit report is mandatorily required to be filed in Form-10B. The assessee by way of an application dated 27.01.2026 along with an application for condonation of delay, has sought rectification. Learned Counsel appearing for the petitioner places reliance upon Circular No. 2 of 2020 dated 03.01.2020 by drawing attention of this Court to the relevant paragraph Nos. 5 and 6 which are reproduced below:-

“5. In addition to the above, it has also been decided by the CBDT that 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 Commissioners of Income tax are hereby authorized to admit such belated applications of condonation of delay u/s 119(2) of the IT Act and decide on merits.

6.The Commissioners of Income tax shall, while entertaining such belated applications in filing Form NO. 10B, satisfy themselves that the assessee was prevented by reasonable cause from filing such application within the stipulated time.”

5. The learned Counsel appearing for the respondent authorities submits that the circular no. 2/2020 has already been superseded by circular no. 16/2024 dated 18.11.2024 and draws the attention of this Court to Paragraph no. 3 of the said circular which is reproduced below:-

“No application for condonation of delay in filing of Form No. 9A/10/10B/10BB shall be entertained beyond three years from the end of the assessment year for which such application is made. The time limit for filing of such application within three years from the end of the assessment year will be applicable for application filed on or after the date of issue of this Circular. A condonation application should be disposed of, as far as possible, within six months from the end of the month in which such application is received by the Competent Authority.”

6. It is submitted by the respondents that the application filed by the assessee is still under process. By virtue of circular no. 16/2024 the competent authority is required to dispose of the condonation application, as far as possible within 6 months from the end of the month in which such application is received.

7. The respondent authorities submits that the instant writ petition is premature in nature since the application dated 27.01.2026 has been received by the authority concerned on 28.01.2026, and the time prescribed for disposal of the said application, along with the application for condonation as per 119(2)(b) of the Said Act has not yet expired.

8. After hearing the rival contention of the parties, upon perusing the materials on record, I am of the considered view that the petitioner is a cha