2010 (1) TMI 1286 - HC - Income Tax

Court upholds rejection of tax exemption application due to late filing under Income Tax Act

The court upheld the Chief Commissioner of Income Tax's decision to reject the application for exemption under Section 10(23C)(vi) of the Income Tax Act, ... - Issues involved: Challenge to order rejecting application for exemption u/s 10(23C)(vi) of the Income Tax Act, 1961.Summary:The petition challenged the order rejecting the application for exemption under Section 10(23C)(vi) of the Income Tax Act, 1961. The Assessee-Petitioner, a Trust formed for educational and charitable purposes, filed an application seeking exemption for the financial year 2007-08 after the prescribed period. The Chief Commissioner of Income Tax rejected the application citing statutory requirements and non-compliance with the prescribed timeline. The judgment emphasized the importance of adhering to the statutory provisions and circulars issued by the CBDT, which are binding on revenue authorities.The Finance Act, 2006 introduced amendments requiring applications for exemption under Section 10(23C)(vi) to be filed during the financial year preceding the assessment year. The circular issued by the CBDT emphasized the time limit for granting exemption to charitable trusts and institutions. The Assessee-Petitioner filed the application after the prescribed period, leading to the rejection by the Chief Commissioner of Income Tax.The judgment upheld the decision of the Chief Commissioner of Income Tax, stating that the application was rightly rejected due to being filed after the prescribed period. The court found no grounds to interfere with the impugned order and dismissed the writ petition.