[44] CIT v. Shri Plot Sweatamber Murti Pulak Jain, (1994) 119 CTR (Guj) 144. ..

[auditorraman]

Dear Friends,

    In the above case it has been decided that the excess application of earlier year can be set off against
    the income of subsequent year.

    Now, can any one tell me that such carry forward and set off is available to a trust only when it files the
    return in time i.e., 30th September.  Will the trust can claim the set off even if it is filing the return
    belatedly, i.e. if the trust files the return within a year from the end of the relevant financial year. 

     If any case law is there entitling the trust to do so, please quote the same. I am badly in need of
     your guidance,very very urgently, as one of my client is suffering.

     Respectfully submitted


    Auditor Raman