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2018 (9) TMI 1974 - AT - Income TaxAssessment of trust - assessee has not spent 85% towards object of the trust as noted by the AO - non filing Form No. 10 along with the return of income specifying that the surplus income was set apart for a particular purpose as prescribed under the object of the Trust - HELD THAT:- The assessee filed Form No. 10 along with the Board Resolution but did not specify the object for which particular amount was set apart. The AO accordingly did not consider Form No. 10 as it is invalid and made the additions. Assessee preferred an appeal before the CIT(A) but he did not improve his case and CIT(A) has also noted the defect in Form No. 10 as it did not specify the purpose for which surplus income is set apart. The CIT(A) accordingly confirmed the rejection of Form No. 10 and upheld the addition. Though the assessee has filed an appeal before us and filed the written submissions relying upon certain case laws which were dealt with by the CIT(A) but did not appear at the time of hearing. we had no other option but to peruse the written submissions filed by the assessee. Along with the written submissions, copy of Form No. 10 was not filed, therefore, bound to accept the observations of the CIT(A) made with reference to Form No. 10. In Form No. 10, assessee is required to specify the purpose for which surplus income is set apart. If he fails to do so, he cannot get the benefit of filing Form No. 10. Under these circumstances, I find no infirmity in the order of the CIT(A). - Decided against assessee.
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