Shri Mahavir Gopalan Charitable Trust v. ITO (E) (2025) 236 TTJ 363 (Ahd) Trib)

S. 11: Property held for charitable purposes-Accumulation of income-Belated exercise of option during assessment proceedings]-The Assessing Officer was directed to allow the claim of deemed application of income. [S. 11(1), 12A,12B 143(3)]

 

Held that even if the assessee has delayed exercise of its option under s. 11(1), Expln. 2 for deemed application of its income, as long as the option is exercised during the assessment itself, assessee is entitled to claim deemed application of its income; contention that since the assessee’s application for condonation of delay in exercising the option under s. 11(1)(a), Expln. 2 has not been approved by the specified authority; the assessee is not entitled to the benefit of deemed application of its income, which is not sustainable. (AY. 2013-14)

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