Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 744 - MADRAS HIGH COURTBenefit u/s 12AA - petitioner received contribution from the public for providing funds to the people - petitioner made application for condonation of delay in filing such Form 10 before the first respondent - HELD THAT:- The petitioner is a Trust, seems to have been formed for rehabilitating the victims of communal violence in the city of Coimbatore during November-December 1997. It seems that the petitioner received contribution from the public for providing funds to the people. Though the petitioner did not get such registration u/s 12AA during the relevant assessment year 1998-99, such registration was subsequently granted to the petitioner by an order dated 02.02.2005 with retrospective effect from 10.12.1997 onwards. There is no dispute to the above said fact. Therefore, for all practical purposes, it is to be construed that for the AY 1998-99 also, the petitioner was enjoying the benefit u/s 12AA on getting such registration with effect from 10.12.1997. No doubt, for filing Form No.10, the due date is the last date for filing the return of income for the relevant assessment year. In this case, the relevant assessment year 1998-99 and the last date for filing such return was 31.10.1998. Consequently, the Form 10 ought to have been filed on or before 31.10.1998. But in any event, filing of Form No.10 would arise only when the petitioner enjoys the benefit of registration under Section 12AA. Admittedly, on the last date viz., 31.10.1998, the petitioner was not enjoying such benefit, however such benefit was granted with retrospective effect by order dated 02.02.2005. Once such an order is passed, the petitioner made application for condonation of delay in filing such Form 10 before the first respondent. Petitioner has explained the delay in filing the Form 10 satisfactorily. Therefore, the first respondent is not justified in rejecting the application for condonation of delay, simply by saying that the petitioner has not satisfactorily explained the delay. As rightly pointed out by the learned counsel for the Revenue, though the delay is condonable, it is for the petitioner to establish before the first respondent that accumulated income was utilised for the subsequent years only for the purpose for which the petitioner Trust was established. Therefore, such liability exists on the petitioner, which they have to discharge before the first respondent. Accordingly this writ petition is allowed and the impugned order of the first respondent is set aside. Consequently, the matter is remitted back to the first respondent with a direction to take Form 10 on file and thereafter, to conduct an enquiry as to whether the accumulated interest was utilised for the succeeding years by the petitioner for the purpose for which the petitioner Trust was established. Such exercise shall be made by the first respondent within a period of eight weeks from the date of receipt of a copy of this order
|