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The Bombay St Xaviers Society 2022 23 vs Commissioner Of Income Tax (Exemption) on 2 September, 2025
cites
Section 12A in The Income Tax Act, 1961 [Entire Act]
Section 12 in The Income Tax Act, 1961 [Entire Act]
Sarvodaya Charitable Trust vs Income Tax Officer (Exemption) on 14 October, 2020
Even the Hon'ble Gujarat High Court in the case of
Sarvodaya Charitable Trust (supra) took the view that in cases like the
present one (delay in filing Form No. 10B), the approach of the authorities
ought to be equitious, balancing and judicious and availing of exemption
should not be denied merely on the bar of limitation. This is more so, when
the legislature has conferred wide discretionary powers to condone the delay
on the authorities concerned. The relevant portion of this decision reads
thus:-
Commissioner Of Income-Tax vs Gujarat Oil And Allied Industries on 8 September, 1992
32. We may also refer to the decision of this Court in CIT v.
Gujarat Oil and Allied Industries Ltd. [1993] 201 ITR 325 (Guj.),
wherein it is held that the provision regarding furnishing of audit
report with the return has to be treated as a procedural proviso.
It is directory in nature and its substantial compliance would
suffice. In that case, the assessee had not produced the audit
report along with the return of income but produced the same
before the completion of the assessment. This Court took the view
that the benefit of exemption should not be denied merely on
account of delay in furnishing the same and it is permissible for
the assessee to produce the audit report at a later stage either
before the Income- Tax Officer or before the appellate authority
by assigning sufficient cause."
The Code of Civil Procedure, 1908
The Maharashtra Public Trusts Act, 1950
Durgadevi Sharma Charitable Trust vs Assistant Commissioner Of Income Tax ... on 21 December, 2021
Dwarkabai tai Karwa Charitable Trust (supra)
and Kotak Family Foundation (supra) has taken a similar view and
condoned the delay.
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