ACIT, CHENNAI vs. CHETTINAD ACADEMY OF RESEARCH AND EDUCATION, CHENNAI
What did the Tribunal hold?
The Tribunal held that the assessee had substantially complied with the conditions for accumulation, as the original Form 10 was filed within the due date and there was no express prohibition against revising it. The disallowance was therefore deleted.
What were the facts?
The assessee, a charitable trust, initially filed Form 10 for accumulation of funds. During search assessment, the Assessing Officer disallowed income tax paid as application for charitable purposes. The assessee filed a revised Form 10 to treat this as accumulation, which was rejected by the AO for being filed late.
What were the issues?
Whether a revised Form 10 can be filed during assessment proceedings for claiming accumulation, and if income tax paid can be considered as application for charitable purposes.
Which sections of the Income-tax Act were involved?
Section 11(2)(a),Section 139(1),Section 153A
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Cases cited in this judgment(4)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Nagpur Hotel Owners Association112 citing114 Taxmann 255 · 2001 · SC
- Chandraprabhuji Maharaj Jain v. DCIT25 citing110 Taxmann.com 11 · 2019 · HC
- Commissioner of Income-tax v. Simla Chandigarh Diocese Society5 citing318 ITR 96 · 2009 · HC
- Smt Gayatri 189 to 192 Chakraborty (Kolkata) 45 ITR(Trib) 197 5. CIT v. Raj Kumar (Delhi) 1934 citing318 ITR 173
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI ABY T VARKEY & SHRI S. R. RAGHUNATHA
PER S. R. RAGHUNATHA, AM : The present appeal is filed by the revenue being aggrieved by order of the Ld. Commissioner of Income Tax (Appeals) Chennai – 20 (in short ‘Ld.CIT(A)) dated 26.03.2025 in Appeal No.CIT(A), Chennai - 18/10926/2018- 19 for the Assessment Year 2019-20. 2. The brief facts of the present case are that the assessee is a Charitable Trust registered u/s.12AA of Income Tax Act, 1961 (in short ‘the Act’) in F.No.
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