TMI Blog2009 (1) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... - 139 of 2008 - - - Dated:- 19-1-2009 - K. M. JOSEPH J. Joseph Kodianthara for the petitioner. P. K. R. Menon for the respondent. JUDGMENT K. M. JOESPH J . - The petitioner is a welfare society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, hereinafter referred to as the Act. The membership of the society consists of panchayats in the State of Kerala and the society itself is a Government of Kerala undertaking. It is registered under section 12A of the Income-tax Act, 1961. It is entitled to exemption from income-tax under sections 11 and 13 of the Income-tax Act. The last date for filing the return for the assessment year 2000-01 was October 31, 2000. It is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions in exhibit P4 Circular are complied with and a direction sought to grant exemption under section 11 with respect to the income accumulated for the year 2000-01 in accordance with section 11 of the Income-tax Act. 3. I heard Sri Joseph Markose, learned senior counsel appearing for the petitioner and also the learned standing counsel Sri Jose Joseph appearing on behalf of the Income-tax Department. 4. Two contentions are urged before me by the learned counsel appearing on behalf of the petitioner. Firstly, he contends that under rule 17 of the Income-tax Rules, 1962, the petitioner must be treated as having filed Form 10 within the time. In this context, he drew support of sub-section (4) of section 139. He contends that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed:...... (4) Any person who has not furnished a return within the time allowed to him under sub-section (1), or within the time allowed under a notice issued under sub-section (1) of section 142, may furnish the return for any previous year at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier." 7. I have already referred to rule 17. Rule 17 is unambiguously specific in so far as it mandates that the notice shall be delivered before the expiry of the time allowed under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the learned senior counsel for the petitioner. 8. As far as the second point is concerned, learned senior counsel would point out that the only reason forthcoming in exhibit P5 is that the explanation offered is not acceptable and being a Government organization it has the responsibility to comply with the provisions of the Act and make suitable arrangements. It is stated that the records clearly show that the society has not taken any steps to file the return along with Form No. 10 within the extended time allowed. 9. The period fixed for filing the return for the year in question ended on October 31, 2000. The time was extended generally for all the assessees till November 30, 2000. No doubt the petitioner did not file either th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction extending the time under section 11(2); (e) that the accumulation or setting apart of income was necessary for carrying out the objects of the trust." 10. It is clause (b) which is sought to be invoked against the petitioner. "Oversight" means, according to Oxford Advanced Learner's Dictionary, the fact of making a mistake because you forget to do or you do not notice. It cannot be said that there is no explanation at all forthcoming from the petitioner. Apparently, according to the petitioner, there was delay of chartered accountant to finalize the accounts and it was accordingly that the notice in Form No. 10 for accumulation was not filed within the time indicated in rule 17. I would think that having regard to the totality o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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