INCOME TAX ACT, 1961

Section 11

Charitable trust - Exemption under section 11 - Allowability - Form No. 10 filed belatedly by assessee

AO passed reassessment order in case of assessee-society denying exemption under section 11. However, Tribunal remanded the matter to the AO with a direction to make fresh assessment taking into consideration the Form No. 10, which was filed by the assessee along with the return of income filed in response to the notice under section 148. Aggrieved, Revenue preferred an appeal. It was contended that the Tribunal was not right in holding that the Form No. 10 could be accepted by the AO during the reassessment proceedings when the Form No. 10 was not submitted along with the return and also even before the completion of the original assessment. Held: It was found that in pursuance of the remand order of the Tribunal, the AO already granted the relief to the assessee on the basis of the Form No. 10 filed belatedly by the assessee. Further, the Coordinate bench of High Court in the case of Chandraprabhuji Maharaj Jain v. Dy. CIT (E), Chennai ((2019) 110 taxmann.com 11 (Madras) : 2019 TaxPub(DT) 5222 (Mad-HC)), had already held that Form No. 10 filed belatedly could be taken into account by the AO. Accordingly, the AO was justified in taking into account Form No. 10 filed by the assessee in the instant case, albeit belatedly and granting the desired relief to the assessee under section 11.

Relied:Chandraprabhuji Maharaj Jain v. Dy. CIT (E) ((2019) 110 Taxmann.com 11 (Mad) : 2019 TaxPub(DT) 5222 (Mad-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :

INCOME TAX ACT, 1961

Section 11

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