CIT v. Paradeep Port Trust (2023) 292 Taxman 347 (Orissa) (HC)

S. 11 : Property held for charitable purposes-Accumulation of income-Revenue cannot insist on a copy of resolution being furnished regarding amount being accumulated for charitable activities. [S. 11(2), R. 17(2), Form No.10]

Dismissing the appeal of the Revenue the Court held that  there is nothing in either section 11(2) or rule 17(2) that mandates furnishing of resolution of assessee-trust in order for statement with respect to income being accumulated/set apart for carrying out activities of trust in Form No. 10 to be acted upon by Assessing Officer.  Accordingly the  Revenue cannot insist on a copy of resolution being furnished regarding amount being accumulated for charitable activities. (AY. 2007-08, 2008-09)