Sub-section (1B) of sec 11-avoidence thereof.

This query is : Resolved

Wangkhem Gokul (Querist)
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03 May 2020 Assessee had exercised option under clause (2) of the Explanation to sub-section (1) of section 11 of the Income Tax Act,1961 but the whole deemed income could not be utilised in the following previous year due to genuine reasons. Can the attraction of sub-section (1B) of sec 11 be avoided?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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14 May 2020 (3A) Notwithstanding anything contained in sub-section (3), where due to circumstances beyond the control of the person in receipt of the income, any income invested or deposited in accordance with the provisions of clause (b) of sub-section (2) cannot be applied for the purpose for which it was accumulated or set apart, the Assessing Officer may, on an application made to him in this behalf, allow such person to apply such income for such other charitable or religious purpose in India as is specified in the application by such person and as is in conformity with the objects of the trust; and thereupon the provisions of sub-section (3) shall apply as if the purpose specified by such person in the application under this sub-section were a purpose specified in the notice given to the Assessing Officer under clause (a) of sub-section (2):

Provided that the Assessing Officer shall not allow application of such income by way of payment or credit made for the purposes referred to in clause (d) of sub-section (3) of section 11:

Provided further that in case the trust or institution, which has invested or deposited its income in accordance with the provisions of clause (b) of sub-section (2), is dissolved, the Assessing Officer may allow application of such income for the purposes referred to in clause (d) of sub-section (3) in the year in which such trust or institution was dissolved.