06 January 2020
CASE FOR OPINION Where 85% of income of the trust/ institution is not applied to charitable/religious purposes the trust/ institution may accumulate or set apart either in whole or part of its income for future application for charitable/ religious purposes in India. For this purpose Notice u/s 11(2) of the Income Tax Act, 1961 is to be electronically filed to the assessing officer on or before the due date of filing Income Tax Return u/s 139 of the Income Tax Act, 1961. Notice is to be given in Form No. 10 / 9A . In case if the Form no. 10/9A is not electronically filed before this date the benefit of accumulation will not be available and the such income will be taxable at applicable rate. Hon.’ble Commissioner of Income Tax is empowered to condone the delay vide circular no. 273 dt. 03.06. 1980 issued by CBDT u/s 119 of the Income Tax Act, 1961. The assessee has filed application to Commissioner Income Tax, seeking condonation of delay. The notice for personal hearing was issued by Hon.,’ble Commissioner of Income Tax which was served on the date of hearing at 3.30 PM. The place of hearing is aprox. 350 KM from the place of assessee. Hence the assessee could not present for personal Hearing on the date and time fixed for hearing. Hence applied for another date on the next date of receipt of notice by speed post. The order for rejection of application was passed by the Hon.’ble Commissioner of Income Tax on the date of hearing itself. The question for consideration is :- 1. Whether any remedy is available to the assessee and if so what remedy is available and under which section of Income Tax Act. Further if any case law is available the same be provided for the same.
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