Rejection of application u/s 119(2)(b) for condoning the delay...
Court Condones 1257-Day Delay in Filing Form 10B Due to Human Error, Restores Trust's Tax Exemption Eligibility.
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Income TaxApril 24, 2024Case LawsHC
Rejection of application u/s 119(2)(b) for condoning the delay in filing the Form 10B - delay was about 1257 days - Exemption u/s 10(23C) - assessment of trust - The High Court noted that the petitioner had a history of timely compliance with filing returns and Form 10B for other assessment years. Considering this, the Court inferred that the failure to file for the relevant assessment year was likely due to human error. The Court referred to a similar case where delay due to oversight by the auditor was accepted as reasonable cause. Ultimately, the Court allowed the writ petition, quashing the order of the revenue authority and condoning the delay in filing Form 10B.
Rejection of application u/s 119(2)(b) for condoning the delay in filing the Form 10B - delay was about 1257 days - Exemption u/s 10(23C) - assessment of trust - The High Court noted that the petitioner had a history of timely compliance with filing returns and Form 10B for other assessment years. Considering this, the Court inferred that the failure to file for the relevant assessment year was likely due to human error. The Court referred to a similar case where delay due to oversight by the auditor was accepted as reasonable cause. Ultimately, the Court allowed the writ petition, quashing the order of the revenue authority and condoning the delay in filing Form 10B.
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