. Thus, there was only 133 days’ delay. The approach of
the CIT indicates pedantic; rather utilizing his judicial discretion he
should have been pragmatic in his approach. He, therefore,
submitted that under Section 119(2)(b) of the Income Tax Act by
virtue of Circular No.16 of 2024, dated 18.11.2024, the CIT has
been delegated with power to exercise discretion while dealing with
the application for condonation of delay in filing the Form 10B for
the Assessment Year 2018-19 and subsequent years, where the
delay is up to 365 days under Section 119(2)(b) of the IT Act.
Despite such discretion is conferred on the CIT, the reason for the
delay being not appreciated appropriately, the order is susceptible
to be interfered with in the present proceeding, as such the same is
liable to be set aside.
Home High Court Orissa High Court People'S Educational Action And vs Commissioner Of Income Tax …. … on...