9911796707
TMI Blog2025 (5) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... vity the "Ld. AO"), passed under section 143(1) of the Act date of order 18/05/2020. 2. The brief facts of the case are that the assessee is a registered public charitable trust and registered under section 12A of the Act and is engaging in upliftment of poor "Adivasi" people. It runs old-age home in the name of 'Matoshree Vriddhashram' at Khadavli, Balwadi, Shahpur and BMC School at Juhu. During the impugned assessment year, the assessee filed the return on 18/11/2019. The due date for filing the return was 31/10/2019. So there was a delay of 18 days in filing the return of income. The assessee filed Forms 9A&10B under rule 17B of the Income tax Rule,1962 (in short the "Rule") with the ROIin the Income-tax Department. The assessee claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny fulltime staff. It is managed only by women who are all Senior citizens who devote their time on honorary basis. There were some issues in the system while filing ITR and Form No. 9A due to which Appellant was unable to file the same within time. Most of the trustees are senior citizens and averse of digital filing requirements. Since one of the requirements of filing the Form No. 9A was that the signatory's Aadhaar should be linked, there was some delay in getting it complied. There was no malafide intention in filing the income tax return and Form No. 9A late, 7. These reasons for delay in filing of form 10/9A and ITR were communicated to Ld CIT(A) vide our submissions on 27-1-2021, 23-10-2021, 29-11-2023, 4-1-2024 and 6-11-2024. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluding this particular part of the income from the net of taxation arises from section 11 and is subject to the conditions specified therein. Therefore, it is necessary that the assessing authority must have this information at the time it completes the assessment. In the absence of any such information, it will not be possible for the assessing authority to give the assessee the benefit of such exclusion and once the assessment is so completed, it would be futile to find fault with the assessing authority for having included such income in the assessable income of the assessee. Therefore, even assuming that there is no valid limitation prescribed under the Act and the Rules, even then it is reasonable to presume that the intimation requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rust from net of taxation under section 11, intimation in Form 10 was to be filed with Assessing Officer before completion of assessment proceedings - Held, yes - Whether even if Form 10 was filed during re-assessment by assessee-trust, benefit of accumulation under section 11(2) was available because such filing would be considered within time allowed for furnishing return of income under section 139(4) - Held, yes [Paras 12 & 13][In favour of assessee] [2019] 111 taxmann.com 272 (Mumbai - Trib.) Shree Dadar Jain v. Income-tax Officer (E), Mumbai Income-tax Act, 1961, read with rule 17 of the Income-tax Rules, 1962 - Charitable or religious trust - Exemption of income from property held under (Accumulation of income) - Assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igious trust - Exemption of income from property held under (Accumulation of income) - Assessment year 2008-09 - Whether benefit of exemption under section 11 is available on setting apart of 85 per cent amount to be spent in next year before assessment is complete - Held, yes - Whether even when a request by way of letter, which complies with requirement and furnishes all information required in Form 10 was made available on record and there was sufficient proof before Assessing Officer that amount was not only kept apart but was also spent in next year, exemption was to be granted - Held, yes [Paras 9 and 11] [In favour of assessee]" 10. Keeping in view the facts of the case and judicial pronouncements by the Honourable Apex Court, Hono ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
