Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10B for Assessment Year 2018-19 and subsequent years–Circular No. 2/2020-Income Tax Dated 3rd January, 2020.
Circular No. 02/2020-Income Tax
F.No.197/55/2018-ITA-I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
*****
New Delhi, the 3 January, 2020
Sub: Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10B for Assessment Year 2018-19 and subsequent years- Reg.
Under the provision of section 12A of Income Tax Act, 1961 (hereafter ‘Act’) where the total income of a trust or institution as computed under the Act without giving effect to the provisions of section 11 and section 12 exceeds the maximum amount which is not chargeable to income tax in any previous year, the accounts of the trust or institution for that year have to be audited by any accountant as defined in the Explanation below sub section (2) of section 288 and the person in receipt of the income is required to furnish along with the return of income for the relevant assessment year the report of such audit in the prescribed from duly signed and verified by such accountant and setting forth such particulars as may be prescribed.
2. As per Rule 17B of the Income-tax Rules, 1962 (hereafter ‘Rules’) the audit report of the accounts of such a trust or institution is to be furnished in Form No. 10B. As per Rule 12(2) of the Rules, such audit report is to be furnished electronically. The failure to furnish such report in the prescribed from along with the return of income results in disentitlement of the trust or institution from claiming exemption under sections 11 and 12 of the Act.
3. Representations have been received by the Board/field authorities stating that Form no. 10B could not be filed along with the return of income for AY. 2016-17 and AY 2017-18. It has been requested that the delay in filing of Form No. 10B may be condoned. Previously, vide instruction in F.No. 267/482/77-IT(part) dated 09.02.1978, the CBDT had authorized the ITO to accept a belated audit report after recording reasons in cases where some delay has occurred for reasons beyond the control of the assessee.
4. Accordingly, the CBDT issued circular No. 10/2019 circulated through F.No. 197/55/2018-ITA-1 in supersession of earlier circular/Instruction issued in this regard, and with a view to expedite the disposal of applications filed by such trust or institution for condoning the delay in filing Form No. 10B and in the exercise of the powers conferred under section 119(2) of the Act, the Central Board of Direct. Taxes vide Circular No. 10/ 2019 dated 22rd May, 2019 and Circular No. 28/2019 dated 27th September, 2019 both issued vide F.No.197/55/2018-ITA-I has directed that :-
(i) The delay in filing of Form no. 10B for A.Y. 2016-17 and AY. 2017-18, in all such cases where the Audit Report for the previous year has been obtained before the filing of return of income and has been furnished subsequent to the filing of the return of income but before the date specified under section 139 of the Act is condoned.
(ii) In all other cases of belated applications in filing Form No. 1013 for years prior to AY. 2018-19, The commissioner of Income-Tax arc authorized to admit and dispose off by 31.03.2020 such applications for condonation of delay u/s 119(2)(b) of the Act. The Commissioner will while entertaining such belated applications in filing Form No. 1013 shall satisfy themselves that the assessee was prevented by reasonable cause from filing such application within the stipulated time.
5. In addition to the above, it has also been decided by the CBDT that where there is delay of upto 365 days in filing Form No. 10B for Assessment Year 2018-19 or for any subsequent Assessment Years, the Commissioners of Income-tax are hereby authorized to admit such belated applications of condonation of delay u/s 119(2) of the Act and decide on merits.
6. The Commissioners of Income-tax shall, while entertaining such belated applications in filing Form No. 1013, satisfy themselves that the assessee was prevented by reasonable cause from filing such application within the stipulated time.
(Gulzar Ahmad Wani)
Under Secretary (ITA-I)
Copy to:-
1. PS to FM/OSD to FM/PS to MoS(R)/OSD to MoS(R)
2. PPS to Secretary(Finance)/(Revenue)
3. The Chairman, Members and all other officers in CBDT of the rank of Under Secretary and above.
4. All Pr. Chief Commissioners/Pr. Director General of Income-tax/Chief Commissioners of Income-tax (Exemptions) with a request to circulate amongst all officers in their regions/charges.
5. Pr. DGIT(Systems)
6. The CIT(M&TP), CBDT and the Official Spokesperson of CBDT
7. The Additional Director General (PR & PP), New Delhi.
8. ITCC Division of CBDT.
9. Data Base Cell — for placing it on www.irsofficersonline.gov.in
10. The DIT (S)-4/Web Manager for placing it www.incometaxindia.gov.in
11. The Guard File.
(Gulzar Ahmad Wani)
Under Secretary (ITA-I)
Sir, Due to Covid confusion the Trust audit 10B was missed for ay 2020. What remedy available? How-ever the Trust is a registered society and the audit requirement under TN Societies Registration Act was complied.
It seems the Condonation Petitions are not attended to by the jurisdictional Commissioners of Income Tax and kept pending for years together.
Can i revise form 10 B if yes then what is procedure
Trust Registered under section 12A not filed its return for the Asst. Year 2017-18 even though its receipts are greater than basic exemption limit and even form 10B is also not filed till date. What are the consequences and what is the solution can we file it now.
The trust failed to file form10B for A.Y 2019-20 and denied the benefit The AO raised the demand on entire income with out giving claim of expenses.
Can I file form no. 10B now Also let me know the procedure Should i file Form 1013.
I want to file 10B for AY 2014-15 can some one help me for the same
SIR WHAT ABOUT CONDONATIONOF LATE FILING OF AUDIT REPORT IN 10BB
We missed filing 10B at the time of filing return for AY 19-20. We got a demand from CPC. We filed 10B in the first week of June 20. I think one can still file it. The date Is extended. Then immediately we filed a revised return on the IT portal and wrote a response in site.
Also we applied for a condonation of the delay online to the Commissioner giving all the details and copies.
Please find out the official email of your commissioner and write. Or send hard copies.
CPC on its own accepted our revised return and allowed us the expenses. The fresh order has Nil demand.
Two days back the
Commissioner accepted our application for condonation and has sent us an order condoning the delay.
So act fast to stay out of issues.
Sir, please excuse us for A.Y.: 2018-19 too. As your first notification was made on 22/05/2019, but the Return for A.Y.: 2018-19 was already filed on or before 30th September, 2018