Assessee-trust earned income from various sources and invested balance amount in fixed deposits. Assessee neither filed Form 10 explaining purpose of accumulation of income under section 11(2) nor filed any details of investment in fixed deposits before Assessing Officer. Assessing Officer made additions. CIT(A) up held the order of the AO. On appeal the Tribunal held that the assessee submitted that it had not filed Form 10 either with return of income or at assessment/appellate stages, but said Form-10 had been filed along with resolution of executive committee indicating accumulation of income for purpose of objects of trust and also filed relevant proof of investment under section 11(5). Assessee had also filed a petition for condonation of delay in filing Form 10 and said petition was pending for disposal. Since assessee had filed Form 10 along with resolution of executive committee and petition for condonation of delay was pending for disposal, matter is remanded back to Assessing Officer to reconsider issue in light of Form 10 filed by assessee after disposal of application filed by assessee for condonation of delay. (AY. 2020-21)
Sri Laxmi Narsimha Temple Nalgonda. v. ITO (2024) 209 ITD 474 (Hyd.)(Trib.)
S. 11 : Property held for charitable purposes-Accumulation of income-Failure to file Form 10-Assessing Officer is directed to reconsider issue after disposal of application filed by assessee for condonation of delay in filing Form 10. [S. 11(2), 11(5), Form No.10]