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M/s. WEST FORT HIGHER EDUCATION TRUST POTTORE Versus THE INCOME TAX OFFICER, THRISSUR

2017 (1) TMI 515 - KERALA HIGH COURT

Exemption u/s 11 - Condonation of delay for extending the due date of filing of the return of the income and for giving notice to deposit accumulated amount - delay could be condoned for filing Form No.10, since the deposit of accumulation is made un .....

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is found to be on account of oversight, necessarily, the Commissioner can exercise the power under Section 119 (2)(b) of the Act. It is not confined to failure to give notice to the Income Tax Officer under Section 11(2) alone. Even under Clause (d) .....

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llenge Ext.P5. - Accordingly, this writ petition is allowed. Ext.P5 is set aside and the 3rd respondent is directed to reconsider the matter afresh in the light of the observations made above and an order may be passed within a period of two mont .....

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COME TAX DEPARTMENT, SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT JUDGMENT Petitioner challenges Ext.P5 issued by the Commissioner of Income Tax denying condonation of delay under Section 119(2)(b) of the Income Tax, 1961. 2. The short facts involved in .....

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d assessment year upto 15/10/2010, petitioner submitted its return on 13/10/2010 and deposited ₹ 28 lakhs on 11/10/2010. The 2nd respondent by order dated 17/3/2015 found that finalisation of the assessment by the 1st respondent by order dated .....

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to tax raising a demand of ₹ 12,96,280/-. Petitioner thereafter having taken note of Circular No.273 dated 3/6/1980 submitted an application, Ext.P4, seeking for condonation of delay for extending the due date of filing of the return of the inc .....

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on 11(2), there is no provision in the circular to condone the delay. 3. Learned counsel for the petitioner places reliance on the circular itself especially clauses (b) and (d) of the circular by which the Commissioners were given power to entertain .....

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ibed securities was due only to oversight. (c) ..... (d) that the trust agrees to deposit its funds in the prescribed securities prior to the issue of the Government sanction extending the time under section 11(2) . 4. A statement has been filed by t .....

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