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Income Tax - Highlights / Catch Notes

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The Telangana High Court considered the rejection of an ...


Telangana High Court held that delay in submitting Form 10B by petitioner, with exemption u/s 12A, is condoned.

Case Laws     Income Tax

May 25, 2024

The Telangana High Court considered the rejection of an application u/s 119(2)(b) due to delay in submitting Form 10B along with the Auditor's report by a petitioner with exemption u/s 12A. The petitioner had a history of compliance and faced delays for the Assessment Years 2018-19 and 2020-21. The CBDT authorized Commissioners of Income Tax to entertain such applications for condonation of delay up to 365 days in a liberal manner with a reasonable explanation. The court found the impugned order lacking discussion on the explanation provided by the petitioner, emphasizing the need for authorities to consider and give a specific finding on the explanation's sufficiency. Consequently, the court set aside the order, condoned the delay, and remitted the matter for the 1st respondent to pass appropriate orders on merits.

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