Income Tax Deduction Claim of Charitable Trust Denied on Ground of Limitation: Kerala HC Allows to File Fresh Application within 10 Days [Read Order]
![Income Tax Deduction Claim of Charitable Trust Denied on Ground of Limitation: Kerala HC Allows to File Fresh Application within 10 Days [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/12/File-Fresh-Application-Income-Tax-Income-Tax-Deduction-Claim-Charitable-Trust-Kerala-high-court-taxscan.jpg "Income Tax Deduction Claim of Charitable Trust Denied on Ground of Limitation: Kerala HC Allows to File Fresh Application within 10 Days [Read Order]")
The Kerala High Court allowed the petitioner to file the fresh application within 10 days against the Income Tax deduction claim of a charitable trust that was denied on the grounds of limitation. Atma Bodhodaya Sangham Sree Subhananda Trust, the petitioner is a charitable trust registered under the provisions of Section 12AA of the Income Tax Act, 1961. The petitioner has filed a return...
The Kerala High Court allowed the petitioner to file the fresh application within 10 days against the Income Tax deduction claim of a charitable trust that was denied on the grounds of limitation.
Atma Bodhodaya Sangham Sree Subhananda Trust, the petitioner is a charitable trust registered under the provisions of Section 12AA of the Income Tax Act, 1961. The petitioner has filed a return of its income on 19.12.2022 for the assessment year 2022-23.
As the return has been filed beyond the time prescribed under Section 139 of the Income Tax Act, the deduction claimed by the petitioner has been denied and a demand of Rs.3,38,68,150/- has been made in the assessment order under Section 143 (1). In the meantime, the petitioner has filed an application dated 14.12.2022 under Section 119(2)(b) and presented it before the 2ndrespondent on 22.12.2022.
Mr Jose Joseph, Senior Standing Counsel for the Income Tax Department, however, submitted that the Principal Commissioner(Exemption) is the competent authority to condone the delay, but the application has been filed before the Principal Commissioner, 2nd respondent.
A single bench of Justice Dinesh Kumar Singh disposed of the writ petition with liberty to the petitioner to file a fresh application before the Principal Commissioner of Income Tax (Exemption)within ten days and if such anapplication is filed, the Principal Commissioner of Income Tax (Exemption) should consider theapplication on its merit for condoning the delay in filing the return by the petitioner in respect of theassessment year 2022-23 and pass orderexpeditiously under law.
Further held that “The Commissioner of Income Tax (Appeals) should consider theapplication for a stay filed by the petitioner againstthe intimation under Section 143 (1), expeditiously.”
To Read the full text of the Order CLICK HERE
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