9911796707
TMI Blog2019 (10) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... such registration u/s 12AA during the relevant assessment year 1998-99, such registration was subsequently granted to the petitioner by an order dated 02.02.2005 with retrospective effect from 10.12.1997 onwards. There is no dispute to the above said fact. Therefore, for all practical purposes, it is to be construed that for the AY 1998-99 also, the petitioner was enjoying the benefit u/s 12AA on getting such registration with effect from 10.12.1997. No doubt, for filing Form No.10, the due date is the last date for filing the return of income for the relevant assessment year. In this case, the relevant assessment year 1998-99 and the last date for filing such return was 31.10.1998. Consequently, the Form 10 ought to have been filed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r which the petitioner Trust was established. Such exercise shall be made by the first respondent within a period of eight weeks from the date of receipt of a copy of this order - W.P. No.4241 of 2009 And M.P.No.1 of 2009 - - - Dated:- 15-10-2019 - Mr. Justice K. Ravichandrabaabu For the Petitioner : Mr.M.P.Senthilkumar For the Respondent : Mrs.Hema Muralikrishnan Senior Standing Counsel ORDER The petitioner is aggrieved against the proceedings of the first respondent dated 17.07.2007 relevant to the Assessment Year 1998- 1999, passed under Section 119(2b) read with Section 11(2) of the Income Tax Act, 1961. Through the impugned order, the first respondent rejected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 12AA, while giving effect to the order of the Income Tax Appellate Tribunal, thereby raising a demand of ₹ 27,34,507/- with interest at ₹ 6,34,271/-. The due date for filing Form No.10 as per Section 11(2) for accumulation of income is the due date for for filing the return of income for the assessment year 1998-99 i.e.,31.10.1998. However, the petitioner had filed the Form No.10 on 27.04.2005 for accumulation of funds in order to enable the petitioner to identify the other victims of the riot in a systematic manner. The entire collection of the petitioner for the period from 10.12.1997 to 31.12.1999 was properly disbursed to the deserving victims of the riot. The petitioner filed Form No.10 along with the petition to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and also invited this Court's attention to the list of dates and events as well as written submissions filed separately. After doing so, the learned counsel submitted that the delay in filing Form 10 was neither willful nor intentional and on the other hand, the petitioner has filed such Form No.10 immediately after the order of the Tribunal, which was subsequently given effect to by order dated 02.02.2005, thereby granting Registration under Section 12AA with retrospective effect from 10.12.1997. Therefore, he submitted that for the assessment year 1998-99, though the last date for filing Form 10 fell on 31.10.1998, in view of the fact that as on the said date, there was no registration granted to the petitioner at that point of time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the city of Coimbatore during November-December 1997. It seems that the petitioner received contribution from the public for providing funds to the people. Though the petitioner did not get such registration under Section 12AA of the Income Tax Act during the relevant assessment year 1998-99, such registration was subsequently granted to the petitioner by an order dated 02.02.2005 with retrospective effect from 10.12.1997 onwards. There is no dispute to the above said fact. Therefore, for all practical purposes, it is to be construed that for the Assessment Year 1998-99 also, the petitioner was enjoying the benefit under Section 12AA on getting such registration with effect from 10.12.1997. No doubt, for filing Form No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst respondent. 9. Accordingly, considering the above stated facts and circumstances, this writ petition is allowed and the impugned order of the first respondent is set aside. Consequently, the matter is remitted back to the first respondent with a direction to take Form 10 on file and thereafter, to conduct an enquiry as to whether the accumulated interest was utilised for the succeeding years by the petitioner for the purpose for which the petitioner Trust was established. Such exercise shall be made by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. The petitioner shall cooperate with the first respondent by placing the material facts in support of their contention th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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