Bombay Prathana Samaj Vs Union of India and Ors. (Bombay High Court)
Delay in Filing Form No. 10 for Section 11 Accumulation Condoned; CBDT Directed to Accept Belated Application in Interest of Substantive Justice
The Petitioner is a public charitable trust. It claimed exemption under section 11 of the Income Tax Act. For AY 2015-2016; it claimed accumulation under section 11(2). Same was denied on the ground that Form No.10 was not filed. It filed Form No.10 belatedly. It applied seeking condonation of delay under section 119(2)(b) of the Act; before the CBDT. The same came to be rejected. Hence; petition came to be filed.
The Hon’ble Bombay High Court set aside the order and allowed the petition. It held: (i) there was a CA working on honorary basis with the petitioner; which led to delay; and hence; sufficient cause was made out; (ii) condones delay of 430 days in filing Form No.10; (iii) substantive cause of justice needs to be seen than pedantic approach; (iv) relies on earlier decisions in the case of People’s Mobile Hospital and KSB care; (v) directs acceptance of Form No.10 in time.
Argued by Adv. Bharat Raichandani i/b UBR Legal
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
