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Showing contexts for: Two trustee in Dinesh Surendra Kotecha vs The Union Of India on 13 October, 2025Matching Fragments
2.wp.2657.2025.doc was, undisputedly, no mention of late filing of the audit report in Form No.10B for denying the exemption.
8. On 29th July 2022, vide a Rectification order under Section 154 of the Act, the intimation dated 30 th November 2021, was rectified computing the net amount payable by the Petitioner as Rs.8,87,450/- including interest.
9. By way of an additional affidavit dated 11 th October 2025, affirmed by Mr.Dinesh Kotecha, Trustee of the Petitioner-trust, a detailed justification is given for the delay in filing the audit report in Form 10B as well as the application for condonation of delay. It has been averred in the said affidavit that, during the relevant period, out of the total of five trustees, the day-to-day affairs of the Petitioner-Trust were looked after by two trustees. The other three trustees were not involved in the day-to-day affairs of the Trust. The said two trustees, owing to their professional commitments, frequently travelled overseas and were unable to devote adequate attention to the income tax matters and mainly relied upon their Chartered Accountant. The Petitioners were under the belief that the filing of the audit report in Form 10B, along with the return of income, was sufficient compliance of the OCTOBER 13, 2025 Utkarsh
2.wp.2657.2025.doc relevant provisions. Further, the intimation dated 30 th November 2021 and the subsequent rectification order went unnoticed, because of the COVID-19 pandemic, during which the administrative staff of the Petitioner-Trust was not coming regularly. For these reasons, the intimation and rectification order were not brought to the notice of the Chartered Accountant.
10. It is further stated that the said two trustees retired and two new trustees assumed charge in 2025. Post their appointment, the new trustees undertook a review of the records of the Petitioner-Trust, including the records available on the income tax portal. During the said review, the intimation dated 30.11.2021 and the rectification order dated 29.07.2022 came to their notice, and thus, it was only in the month of March 2025 that the Petitioner-Trust became aware that the exemption under Section 11 of the Act had been denied due to a delay of 70 days in filing the audit report.