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TMI Blog2017 (4) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... orm before the expiry of time to file the return of income under Section 139(1) of the Act get extended to include the time within which a return of income could be filed under Section 139(4) of the Act. Therefore, filing of Form 10 during reassessment proceedings is filing of the same within the time allowed for furnishing the return of income under Section 139(4) of the Act. Therefore, the Counsel for the Revenue has not been able to point out any reasons why the aforesaid two decisions should not be applied in the facts of the present case to reject the appeal. Also in in Nagpur Hotel Owners' Association (2000 (12) TMI 99 - SUPREME Court ) observed that for the purposes of excluding an income of the trust from the net of taxation, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment Years, the Respondent-Assessee had not filed any return of income as, according to it, it had no income. This in view of the fact that the donations received by it, were specifically earmarked for use towards Kargil War Relief Fund and Orissa Relief Fund. Therefore, as the Respondent-Assessee did not have any discretion to utilize the aforesaid donations, the same were directly taken to the Balance Sheet under the head 'Earmarked Fund' and not routed through its Income Expenditure Account. Consequently, there was no occasion for the Respondent-Assessee to seek accumulation of such income which is not utilized as provided under Section 11(2) of the Act. 4 The Assessing Officer, thereafter, on 24th January, 2006, issued two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 11(2) of the Act was not allowed. This resulted in two orders dated 28th December, 2006, one for Assessment Year 2000-01 bringing to tax an income of ₹ 3.39 Crores and the other for Assessment Year 2001-02 bringing to tax an income of ₹ 1.25 Crores. 7 Being aggrieved, the Respondent-Assessee filed an appeal to the Commissioner of Income Tax (Appeals) [CIT(A)], for both the subject Assessment Years. By a common order dated 31st March, 2013, the CIT(A) dismissed the Respondent-Assessee's appeals. This on the ground that Form 10 was not filed along with return of income and in the time prescribed under Rule 17 of the Rules, i.e. for filing the return of income under Section 139(1) of the Act. 8 Being aggrieved, the Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Rules. In the above circumstances, it is submitted that the order of the Tribunal is suspect and the appeal must be entertained. 10 As against the above, Mr. Kaka, learned Senior Counsel for the Respondent met all the submissions of the Revenue by placing reliance upon the decision of the Supreme Court in Nagpur Hotel Owners' Association (supra), Association of Corporation and Apex Societies of Handlooms v/s. Assistant Director of Income Tax, 351 ITR 287, and Trustees of Tulsidas Gopalji Charitable and Chaleshwar Temple Trust v/s. CIT 207 ITR 368. The three decisions, prima facie, appear to meet the objections of the Revenue to the impugned order. 11 Therefore, on 22nd March, 2017, we passed the following order to enable the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 139 of the Act. 4 Time is given to the Appellant Revenue to respond to the same, particularly why the Delhi High Court's decision should not commend to us. 5 Parties are put to notice that both the Appeals may be finally disposed of at the stage of admission. 12 Today when the matter was called out, Mr. Tejveer Singh, learned Counsel for the Revenue does not dispute the fact that the decision of the Delhi High Court in Association of Corporation and Apex Societies of Handlooms (supra) and of this Court in Trustees of Tulsidas Gopalji Charitable and Chaleshwar Temple Trust (supra) would apply to the present facts. Therefore, Revenue accepts that even if the Form 10 is filed during the reassessment proceedings, the bene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Apex Court, that it observed that Form 10 has to be filed before completion of Assessment Proceedings. In fact, the Delhi High Court in the case of Association of Corporation and Apex Societies of Handlooms (supra) has also relied upon and so understood the decisions of the Apex Court in Nagpur Hotel Owners' Association (supra). Therefore, we do not find any merit in the reservations expressed by Mr. Singh, learned Counsel for the Revenue on the applicability of the Supreme Court order in case of Nagpur Hotel Owners' Association (supra) to the present facts. 14 In the above view, the question as proposed stands concluded against the Revenue by the decision of the Apex Court in Nagpur Hotel Owners' Association (supra) a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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