1992 (10) TMI 12 - HC - Income Tax

Summary

Issues involved: Interpretation of Income-tax Rules regarding the time limit for filing Form No. 10 under rule 17 of the I. T. Rules, 1962.

Summary:
The High Court of Bombay addressed a reference by the Commissioner of Income-tax regarding two questions related to the filing of Form No. 10 under rule 17 of the Income-tax Rules. The case involved an association of hotel owners claiming exemption as a charitable institution under section 11 of the Income-tax Act. The Income-tax Officer denied the exemption due to alleged non-compliance with registration and accumulation of income requirements. The Tribunal, citing relevant case law, determined the association's charitable nature and ruled that the Income-tax Rules cannot impose a time limit for filing the accumulation application. The High Court analyzed the provisions of section 11(2) and rule 17, emphasizing that the legislative intent did not include delegating authority to prescribe a time limit for giving notice. Referring to legal precedents, the Court concluded that the Income-tax Rules could not establish a time limit for submitting Form No. 10 under rule 17. Consequently, both questions were answered affirmatively in favor of the assessee, with no costs awarded.