The Central Board of Direct Taxes (CBDT) has issued Circular No. 16/2024 dated November 18, 2024, addressing the condonation of delay in filing critical income tax forms Form No. 9A, 10, 10B, and 10BB for the Assessment Year (AY) 2018-19 and subsequent assessment years. The circular, issued under Section 119(2)(b) of the Income-tax Act, 1961, aims to provide relief to taxpayers who faced genuine difficulties in meeting filing deadlines.
Key Highlights of the Circular
Forms Covered:
- Form No. 9A: Application for exercising the option under Section 11(1) to apply income for charitable or religious purposes.
- Form No. 10: Statement of accumulation of income under Section 11(2).
- Form No. 10B: Audit report under Section 12A(b) for charitable/religious trusts.
- Form No. 10BB: Audit report for institutions claiming exemption under Section 10(23C).
Applicability:
- Assessment Year 2018-19 and subsequent years.
- Taxpayers seeking condonation for delays in filing these forms due to genuine and reasonable circumstances.
Legal Provision:
- Relief granted under Section 119(2)(b), which empowers CBDT to authorize condonation of delays to mitigate taxpayer hardships.
Official text of the CIrcular is as follows
In supersession of all earlier Circulars/Instructions issued by the Central Board of Direct Taxes ('CBDT') from time to time to deal with the applications for condonation of delay in filing Form 9A/10/10B/10BB for Assessment Year 2018-19 and subsequent assessment years, the CBDT in exercise of the powers conferred under section 119(2)(b) of the Income Tax Act ('the Act'), authorizes: -
1.1 the Pr. Commissioners of Income Tax ('Pr. CsIT')/ Commissioners of Income Tax ('CsIT') to admit and deal with applications for condonation of delay in filing Form No. 9A/10/10B/10BB for Assessment Year 2018-19 and subsequent assessment years where there is a delay of upto 365 days.
1.2 the Pr. Chief Commissioners of Income Tax ('Pr. CCsIT')/ Chief Commissioner of Income Tax ('CCsIT')/ Director Generals of Income Tax ('DGsIT') to admit and deal with applications for condonation of delay in filing Form No. 9A/10/10B/10BB for Assessment Year 2018-19 and subsequent assessment years where there is a delay of more than 365 days.
The Pr. CCsIT/ CCsIT/ Pr. CsIT/ CsIT while entertaining such applications for condonation of delay in filing Form No. 9A/10/10B/10BB, shall satisfy themselves that the applicant was prevented by reasonable cause from filing such Forms before the expiry of the time allowed and the case is of genuine hardship on merits.
Further, in respect of Form No. 10, the Pr. CCsIT/CCsIT/Pr. CsIT/CsIT as the case may be, shall also satisfy themselves that the amount accumulated or set apart has been invested or deposited in any one or more of the forms or modes specified in sub-section (5) of section 11 of the Act.
No application for condonation of delay in filing of Form No. 9A/10/10B/10BB shall be entertained beyond three years from the end of the assessment year for which such application is made. The time limit for filing of such application within three years from the end of the assessment year will be applicable for application filed on or after the date of issue of this Circular. A condonation application should be disposed of, as far as possible, within six months from the end of the month in which such application is received by the Competent Authority.
The delegation of powers, as per para 1.1 & 1.2 of this Circular shall cover all such applications for condonation of delay under section 119(2)(b) of the Act which are pending as on date of issue of this Circular.
Official copy of the circular has also been attached
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