Columbia Global Center in India Vs ITO (Exemptions) (Bombay High Court)
The Bombay High Court addressed a writ petition challenging the rejection of an application for condonation of delay in filing Form No. 10 for Assessment Year 2018-19. The petitioner, a charitable institution, had filed its Income-tax Return on 22nd October 2018, claiming exemption under Section 11 and seeking accumulation of income amounting to Rs.1,15,95,743 under Section 11(2) of the Income-tax Act, 1961. The accumulation was in accordance with a Board Resolution and reflected in Form No. 10B, as required under Section 12A(b). The Form No. 10, which was mandatory to claim accumulation, was filed on 25th September 2019, resulting in a delay of 338 days. Consequently, the Income Tax Department denied the exemption and raised a demand of Rs.82,90,538.
The petitioner argued that the substantive conditions under Section 11(2)—including investment of accumulated income and its application towards charitable objectives—were fully satisfied and documented. The delay in filing the procedural Form No. 10 was attributed to human inadvertence and technical glitches, and the petitioner acted promptly after notice under Section 143(2). It was also contended that prior to the Finance Act, 2015 amendments, there was no fixed timeline for filing Form No. 10, and the petitioner had proceeded under the understanding of pre-amended law.
