Suga Jeeva Oozhiyangal Vs CIT (exemption) (Madras High Court)
The Madras High Court disposed of a writ petition challenging an order dated 30 April 2024 passed under Section 119(2)(b) of the Income Tax Act, 1961, which had rejected the petitioner’s application for condonation of a delay of 534 days in filing Form No.10B for Assessment Year 2016–2017.
The petitioner, a trust constituted on 10 September 2003, had amended its objects on 15 December 2016 and applied for registration under Section 12AA on 26 August 2016. Registration was granted on 2 January 2017 with effect from 1 April 2016.
For the relevant assessment year, the due date for filing the return of income, along with the audit report in Form No.10B, was 17 October 2016. However, the petitioner filed its return belatedly on 8 June 2017 under Section 139(4), and Form No.10B was filed later on 4 April 2018, resulting in a delay of 534 days.
The return was processed and an intimation was issued on 25 February 2019 under Section 143(1), which was subsequently rectified on 23 November 2019 under Section 154. The petitioner was denied exemption under Section 11 on account of the delay in filing both the return and Form No.10B.
