The CIT (E ) rejected the application filed by the assessee for condonation of delay in filing form 10 on the grounds that the assessee did not claim the benefit of accumulation under section 11(2) in its return of income and that no cogent reason was given for the condonation of delay. On a writ allowing the petition the Court held that there was an error in making the claim under a wrong head was a question of fact and needed to be considered by the CIT (E ) .Accordingly the application filed by the assessee for condonation of delay stood restored for consideration of the CIT (E ) Matter remanded.
St. Thomas Orthodox Syrian Church v. CIT (E) (2020) 428 ITR 30/ 185 DTR 326/ 312 CTR 430 (Bom) (HC)
S. 11 : Property held for charitable purposes – Accumulation of income – Error in claiming under wrong head – Denial of exemption not justified – Matter remanded [ S.11(2) , 12AA, 119(2) (b) , 139(4A), Form No 10 ]