Revised Form 10 for charity income accumulation u/s11(2) filed on appeal accepted; accumulation claim upheld The dominant issue was whether a charitable assessee could claim accumulation under s.11(2) on the basis of a revised Form No.10 filed during appellate ...
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Revised Form 10 for charity income accumulation u/s11(2) filed on appeal accepted; accumulation claim upheld
The dominant issue was whether a charitable assessee could claim accumulation under s.11(2) on the basis of a revised Form No.10 filed during appellate proceedings, and whether the CIT(A) had authority to accept it. Affirming the HC's view that an appeal is a continuation of assessment proceedings, the SC held that the CIT(A) was empowered to receive and consider the revised Form No.10 and that such revision was not barred for deciding the s.11(2) claim. Consequently, the Tribunal's acceptance of the revised Form No.10 and allowance of accumulation under s.11(2) was upheld, and the revenue's challenge failed.
The Court condoned delay and granted leave to appeal. The matter was directed to be "Tag with Civil Appeal No.9722/2016," indicating it will be heard alongside that connected civil appeal. No further findings, legal reasoning, or substantive holdings were recorded in this order beyond these procedural directions.
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