Tax Law Update: Bombay High Court's Decision on Form 9A Delay (2025)

The Bombay High Court has recently made a significant ruling regarding a charitable trust's delay in filing Form 9A for Assessment Year 2022-23. The court found that the delay was due to a bona fide reliance on a misprint in the Taxmann Income Tax Bare Act, a widely respected publication in the taxation field. This ruling highlights the importance of the accuracy of such publications and the potential consequences of errors. The trust, Savitribai Phule Shikshan Prasarak Mandal, filed a writ petition challenging the income tax authorities' rejection of its delay-condonation request. The trust had filed its return of income on October 19, 2023, claiming exemption under Section 11 of the Finance Act 2022. However, the authorities argued that the amendment was effective from AY 2022-23, and the trust's application of income did not meet the required threshold, making Form 9A mandatory. The trust's Chartered Accountant provided an affidavit affirming the delay was solely due to the misprint in the Taxmann Bare Act. The High Court's decision to quash the impugned orders and condone the delay in filing Form 9A for AY 2022-23 is a significant ruling, emphasizing the importance of the accuracy of authoritative sources and the potential consequences of errors in such publications.

Tax Law Update: Bombay High Court's Decision on Form 9A Delay (2025)
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