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2023 (12) TMI 1132 - HC - Income TaxExemption u/s 11 denied - sum offered for tax and Form No. 10 was filed during the reassessment proceedings as conditions provided in Section 11(2) of the Act for accumulation of income had not been fulfilled - as stated that due to an inadvertent error the respondent/assessee had failed to show this in its original ROI - CIT(A) also held that the AO had not returned a finding that the conditions provided in Section 11(2) of the Act for accumulation of income had not been fulfilled - whether a revised Form No. 10 could have been filed by the respondent/assessee during the reassessment proceedings? - HELD THAT - To claim the benefit of the provisions of sub-Section (2) of Section 11 the respondent/assessee had to file a statement in the prescribed form i.e. Form No. 10. The Tribunal has noted that there is no adverse finding by the AO concerning the fulfillment of conditions subject to which the accumulation of income was allowed under Section 11(2). Insofar as the issue concerning the timing of the filing of Form No. 10 is concerned i.e. in the course of reassessment proceedings this stands covered by a decision of a coordinate Bench of this court rendered in Association of Corporation Apex Societies of Handlooms case 2013 (1) TMI 317 - DELHI HIGH COURT Clearly the respondent/assessee is not precluded from filing a revised Form No. 10 during reassessment proceedings. The record also shows that the appellant/revenue had carried the judgment rendered in Association of Corporation Apex Societies of Handlooms in appeal to the Supreme Court. The appeal preferred by the appellant/revenue i.e. Civil Appeal 2020 (1) TMI 1664 - SUPREME COURT was dismissed as withdrawn on account of low tax effect. Given this position according to us no substantial question of law arises for our consideration.
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