“Section 119(2)(c)”
The decision most relied on for Section 119(2)(c) is CIT v. Fr. Mullers Charitable Institutions (363 ITR 230), cited in 117 judgments on BharatTax.
Leading authorities on Section 119(2)(c)
For a charitable trust, a violation of Section 13(1)(d) does not lead to the denial of exemption under Section 11 on its total income. Instead, only income derived from investments or deposits made in violation of Section 11(5) or income diverted under Section 13(1)(c) or 13(1)(d) is taxable.
Section 234E creates a substantive liability to pay late fees for failure to deliver statements under section 200(3) within the prescribed time, effective from July 1, 2012, independent of the recovery mechanism under section 200A(1)(c).
An assessment order becomes erroneous and prejudicial to the revenue under Section 263 if the Assessing Officer fails to conduct a proper inquiry or investigation, even if the return appears prima facie correct. The Income-tax Officer has a duty to investigate and cannot remain passive.
Section 234E, which provides for late fees for delayed filing of TDS statements, is a substantive provision and its levy is not dependent on Section 200A(1)(c). Therefore, late fees can be levied even for periods prior to June 1, 2015, when Section 200A was amended to explicitly include fee computation.