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2010 (1) TMI 398 - HC - Income TaxDonation for Charitable purpose- Special Deduction- The petitioner was a charitable organization. It received donation from January 26, 2001 to September 30, 2001. The petitioner maintained separate accounts of income and expenditure for providing relief to the victims of earthquake in Gujrat. It was also claimed that the entire amount was spent only for providing relief to earthquake victims of Gujrat by the specified date, i.e.March 31, 2004. However, it could not render the accounts of income and expenditure to the prescribed authority by June 30, 2004. Because of the failure on the par of the petitioner, in the Income Tax Return filed by the petitioner for the assessment year 2003-04 the entire donation was treated as taxable income of the petitioner. Held that- the condition regarding rendition of accounts before June 30, 2004 is directory. The application for condonation of delay should not have been rejected on the ground that there was no power to condone. The order was not valid and was liable to be quashed.
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