Assessee did not file Form-9A along with the return. However, it had filed the prescribed form at a later date. The Assessing Officer denied exemption under section 11(2)(ii) on the ground that Form 9A was not filed along with the return of income. It was noted that a copy of the discharge certificate and doctor’s prescription regarding said trustee of the assessee had been filed by assessee. The Object of the trust in carrying out charitable activities were also not in dispute. Held that the assessee’s claim for exemption could not be denied only on regard that Form-9A had been filed later on, not with returned income. (AY. 2019-20)
Seth Chagan Mall Hira Lakll Dugar Charitable Trust v. ITO, (E) (2025) 210 ITD 266 (Kol.)(Trib.)
S. 11 : Property held for charitable purposes-Failure to file Form No 9A along with the return-Filed later on-Denial of exemption is not justified. [S.11(2)(ii), 139, Form No 9A]
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