Circular No. 2/2020 [F. No. 197/55/2018-ITA-I], Dated 3-1-2020
Circular No. 2/2020 was issued by the Central Board of Direct Taxes on 3 January 2020. Its subject is Circular No. 2/2020 [F. No. 197/55/2018-ITA-I], Dated 3-1-2020.
Widens the delegation for condoning delay in filing Form No. 10B, the audit report a trust or institution must furnish under section 12A. Where the delay is up to 365 days in filing Form No. 10B for assessment year 2018-19 or any later assessment year, the Commissioners of Income-tax are authorised to admit the belated condonation application under section 119(2) and decide it on merits. This is in addition to what Circular No. 10/2019 dated 23 May 2019 and Circular No. 28/2019 dated 27 September 2019 had already done: those condoned the delay outright for assessment years 2016-17 and 2017-18 where the audit report was obtained before the return was filed and furnished after the return but before the date specified under section 139, and authorised Commissioners to admit and dispose of other belated applications for years prior to assessment year 2018-19 by 31 March 2020. In every case the Commissioner must satisfy himself that the assessee was prevented by reasonable cause.
Representations were received by the Board and field authorities that Form No. 10B could not be filed along with the return, and that the delay should be condoned; failure to furnish the report along with the return disentitles the trust from exemption under sections 11 and 12.
CIRCULAR NO. 2/2020 [F. NO. 197/55/2018-ITA-I], DATED 3-1-2020
Under the provision of section 12A of Income-tax Act, 1961 (hereafter 'Act') where the total income of
a trust or institution as computed under the Act without giving effect to the provisions of section 11 and
section 12 exceeds the maximum amount which is not chargeable to income tax in any previous year,
the accounts of the trust or institution for that year have to be audited by any accountant as defined in
the Explanation below sub-section (2) of section 288 and the person in receipt of the income is required
to furnish along with the return of income for the relevant assessment year the report of such audit in
the prescribed from duly signed and verified by such accountant and setting forth such particulars as
may be prescribed.2. As per Rule 17B of the Income-tax Rules, 1962 (hereafter 'Rules') the audit report of the accounts of
such a trust or institution is to be furnished in Form No. 10B. As per Rule 12(2) of the Rules, such
audit report is to be furnished electronically. The failure to furnish such report in the prescribed from
along with the return of income results in disentitlement of the trust or institution from claiming
exemption under sections 11 and 12 of the Act.3. Representations have been received by the Board/field authorities stating that Form No. 10B could
not be filed along with the return of income for A.Y. 2016-17 and A.Y. 2017-18. It has been requested
that the delay in filing of Form No. 10B may be condoned. Previously, vide instruction in F.No.
267/482/77-IT(part) dated 9-2-1978, the CBDT had authorized the ITO to accept a belated audit report
after recording reasons in cases where some delay has occurred for reasons beyond the control of the
assessee.4. Accordingly, the CBDT issued Circular No. 10/2019 circulated through F.No. 197/55/2018-ITA-I in
supersession of earlier circular/Instruction issued in this regard, and with a view to expedite the
disposal of applications filed by such trust or institution for condoning the delay in filing Form No.
10B and in the exercise of the powers conferred under section 119(2) of the Act, the Central Board of
Direct Taxes vide Circular No. 10/2019 dated 23rd May, 2019 and Circular No. 28/2019 dated 27th
September, 2019 both issued vide F.No. 197/55/2018-ITA-I has directed that :—(i) The delay in filing of Form No. 10B for A.Y. 2016-17 and A.Y. 2017-18, in all such
cases where the Audit Report for the previous year has been obtained before the
filing of return of income and has been furnished subsequent to the filing of the
return of income but before the date specified under section 139 of the Act is
condoned.(ii) In all other cases of belated applications in filing Form No. 10B for years prior to
AY. 2018-19, The commissioner of Income-tax are authorized to admit and dispose
off by 31-3-2020 such applications for condonation of delay u/s 119(2)(b) of the Act.
The Commissioner will while entertaining such belated applications in filing Form
No. 10B shall satisfy themselves that the assessee was prevented by reasonable cause
from filing such application within the stipulated time.5. In addition to the above, it has also been decided by the CBDT that where there is delay of upto 365
days in filing Form No. 10B for Assessment Year 2018-19 or for any subsequent Assessment Years,
the Commissioners of Income-tax are hereby authorized to admit such belated applications of
condonation of delay under section 119(2) of the IT Act and decide on merits.6. The Commissioners of Income-tax shall, while entertaining such belated applications in filing Form
No. 10B, satisfy themselves that the assessee was prevented by reasonable cause from filing such
application within the stipulated time.
Where exemption under sections 11 and 12 is refused in processing under section 143(1) or in assessment because Form No. 10B went in after the return, and a condonation petition has to be moved before the Commissioner.
A trust files its return for assessment year 2019-20 on 30 October 2019 but uploads Form No. 10B on 15 June 2020, a delay of about eight months. Because that is within 365 days, the Commissioner can admit the petition under section 119(2) and decide it on merits. Had the form gone in only in December 2020, the delay would exceed 365 days and this circular would not reach it.
Forms it names. Form No. 10B
Rules it names. Rule 12, 17B of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.
It mentions. Circular No. 10/2019, Circular No. 2/2020, Circular No. 28/2019
Source: the Income Tax Department’s own published text — its page for this instrument.