9911796707
TMI Blog2025 (2) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner challenges the impugned orders dated 10 October 2024 and 13 November 2024 made by the first respondent rejecting the Petitioner's application for condonation of delay of 2732 days in filing Form 10B for claiming exemption under Section 11 of the Income Tax Act, 1961 ("IT Act"). 4. Admittedly, the Petitioner had obtained and filed Form 10B manually within the prescribed period. Mr. Gulabani, learned counsel for the Revenue, did not dispute this position fairly. Even otherwise, the records support this position. 5. At the same time, the records also bear out, and Dr. Shivaram, senior advocate for the Petitioner, admitted that this Form 10B remained to be uploaded electronically. The Petitioner was established to administer educa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Petitioner, based upon the bona fide advice of their Chartered Accountant, believed that the filing of Form 10B manually or physically was substantial compliance with the law. 9. At the hearing on the rectification application, the Assessing Officer informed the Petitioner about the requirement of uploading Form 10B electronically on the portal. Immediately, i.e. on 24 March 2022, the Petitioner uploaded Form 10B on the portal. As a matter of abundant caution, an application for condonation of delay was filed. Along with this application, the Chartered Accountant filed her affidavit regarding the bona fide impression that she carried and the advice that she tendered to the Petitioner based upon this bona fide impression. 10. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural justice and fair play. 13. In all such matters, there is bound to be some lapse on the part of the assessee seeking condonation. However, the delay should be condoned as long as such lapse is not mala fide and the assessee has not derived any undue advantage out of his own lapse. Besides, in such matters, though the length of the delay is one of the considerations, it is not sole consideration. The quality of the explanation offered is crucial, and the focus must be the quality of the cause shown in the explanation. 14. Besides, in this case, though the delay appears considerable, there is some merit in Dr. Shivaram's contentions that the delay should be construed from the day Petitioner was informed of the real reason for the denial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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