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11. Mirae Asset Foundation vs. PCIT – 6.
WP No. 713 of 2025 dated 07/07/2025 (Bom) (HC) AY 2021-22 Section 119(2)(b)
Charitable Trust - Condonation of the delay of 24 days in filing Form 10B.
The 1st Respondent refused to condone the delay of 24 days in filing Form 10B for AY 2021-22. Consequently, the exemption claimed by the Petitioner-Foundation, a Charitable Trust, was denied to the Petitioner.
The Hon. Court observed that it is not in dispute that the delay in filing Form 10B is only 24 days. The ground on which delay is not condoned is that even after the filing of Form 10B with a delay of 24 days, no application for condonation of delay was filed immediately and the same was submitted only about 9 months later. Therefore, the delay was not condoned.
The Court further observed that as far as the condonation of delay is concerned, admittedly there was only 24 days delay in filing Form 10B. Further, it was true that the application seeking condonation of delay was filed after about 9 months. However, this delay was not such that should deny the Petitioner from filing Form 10B with a delay of 24 days. Further, if this delay was not condoned, there will be genuine hardship to the Petitioner, inasmuch as, the
