Condonation of delay under section 119 2 b of the income tax act 1961 in filing of form no. 10BB for assessment year 2018 19 and subsequent years
Circular No. 15/2022 was issued by the Central Board of Direct Taxes on 19 July 2022. Its subject is Condonation of delay under section 119 2 b of the income tax act 1961 in filing of form no. 10BB for assessment year 2018 19 and subsequent years.
This is a condonation. It lets an authority admit something filed late; it does not make the late filing timely, and it usually carries conditions and an outer limit of its own.
Extends the authority to condone delay in filing Form No. 10BB one step up the ladder. Circular No. 19/2020 dated 3 November 2020 had authorised Commissioners of Income-tax to admit and decide applications under section 119(2)(b) for years before assessment year 2018-19, on being satisfied that the applicant was prevented by reasonable cause, and to admit applications where the delay was up to 365 days for assessment year 2018-19 or any later year. This circular adds that where the delay for assessment year 2018-19 or any later year runs beyond 365 days and up to three years, Principal Chief Commissioners and Chief Commissioners of Income-tax are authorised to admit the application under section 119(2) and decide it on merits.
To carry forward the delegation already made to field authorities, so that longer delays in filing Form No. 10BB could be dealt with in the field rather than by the Board.
| Under the 1961 Act | Now |
|---|---|
| s.119 | s.239 |
F.No.197/89/2022-IT A-I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
Circular No. 15/2022
New Delhi the 19th July, 2022
Sub: Condonation of delay under Section 119(2)(b) of the Income-tax Act, 1961 in filing
of Form No. 10BB for Assessment Year 2018-19 and subsequent yea rs - Reg.
In exercise of the powers conferred under section 119(2) of the Income-tax Act, 1961
(hereinafter referred to as 'Act'), the Central Board of Direct Taxes (CBDT) by Circular No.
19/2020 dated 3rd November, 2020 issued by F.No. 19711 35/2020-ITA-I has directed that: -
(i) In all the cases of applications for condonation of delay in filing of Form No. 10BB
for years prior to A Y. 2018- 19, the Commissioners of Income-tax are authorized to
admit applications for condonation of delay uls 119(2)(b) of the Act. The
Commissioner while entertaining such applications regarding filing Form No.
LOBB shall satisfy themselves that the applicant was prevented by reasonable cause
from filing such Form within the stipulated time.
(ii) where there is delay of upto 365 days in filing Form No. 10BB for Assessment
Year 2018-19 or for any subsequent Assessment Years, the Commissioners of
Income-tax are authorized to admit such applications of condonation of delay
under section 119(2) of the Act and decide on merits.
2. Further to the powers delegated to the field authorities as discussed above, the CBDT
hereby directs that where there is delay of beyond 365 days upto three years in filing Form
No. 10BB for Assessment Year 2018-19 or for any subsequent Assessment Years, the Pr.
Chief Commissioners of Income-tax 1 Chief Commissioners of Income-tax are authorized to
admit such applications of condonation of delay under section 119(2) of the Act and decide on
merits.
Where a trust's exemption has been denied at processing because Form No. 10BB went in after the due date, and an application to condone that delay has to be made to the right authority.
Source: the Income Tax Department’s own published text — its page for this instrument.