2020 (2) TMI 461

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....DIXIT PETITIONER: SRI. A SHANKAR, SENIOR COUNSEL, SRI. M LAVA, SRI. ANNAMALAI S, SRI. BHAIRAV KUTTAIAH, ADVOCATES RESPONDENT: SRI. E I SANMATHI, ADVOCATE ORDER Petitioner-Trust claiming to be registered u/s.12A(a) of the Income Tax Act, 1961 having suffered disallowing of the amount of accumulation made u/s.11(2) & 11(1)(a) had applied in Form-10 seeking exemption; the same came to be rejected....

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....d principle of law that when the claim is made belatedly, it is open to the claimant to offer explanation for the delay so brooked, subsequent to making the claim also vide Division Bench decision of this Court in the case of STATE OF KARNATAKA Vs. NAGAPPA, ILR 1985 (2) KAR 2374 in the absence of statutory intent to the contrary; although, a proceeding arising under a Tax Statute is bit different ....

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....) since admittedly, the exemption of the kind which the petitioner had sought for is granted for the subsequent Assessment Years, the respondent-authorities are not justified in rejecting petitioner's claim for exemption for the Assessment Year 2015-16 on the grounds purported in the impugned order. In the above circumstances, this writ petition succeeds in part; the impugned order having been q....