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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B. P. COLABAWALLA, AMIT SATYAVAN JAMSANDEKAR
Sir Jamsetjee Jejeebhoy Charity Fund – Appellant
Versus
Income Tax, Officer (Exemption) – Respondent
| Table of Content |
|---|
| 1. impugned notices and order challenged (Para 1 , 2 , 3) |
| 2. charitable trust's compliance with income tax provisions (Para 4 , 5 , 6 , 10) |
| 3. arguments on compliance and jurisdiction (Para 7 , 8 , 9 , 14) |
| 4. details about form 10 and explanatory requirements (Para 15 , 16 , 17 , 19) |
| 5. court observations on assessment validity (Para 18 , 21 , 22) |
| 6. assessment procedures and limitations (Para 24 , 26 , 30) |
| 7. final ruling and quashing of notices (Para 31 , 32 , 33) |
JUDGMENT :
(PER Amit Satyavan Jamsandekar, J ).
1. By the present Petition, the Petitioner has impugned the Notices dated 9th August 2024 and 20th August 2024, which are issued under Section 148A (b) of the Income Tax Act, 1961 (“the Act”). The relevant Assessment Year (A.Y.) is 2018-2019. Further, the Petitioner has also impugned the order dated 28th August 2024, passed by the 1st Respondent under Section 148A (d) of the Act. The Petitioner has also impugned the Notice dated 28th August 2024 issued by the 1st Respondent under Section 148 of theAct. By the Notice Page 2 of 32 dated 28th August 2024, the 1st Respondent has reopened the assessment of the Petitioner for A.Y. 2018-2019. The Revenue has filed its Repl
Reassessment under the Income Tax Act cannot occur solely on a change of opinion without new material; compliance with statutory provisions suffices for valid claims by charitable trusts under Sectio....
A charitable trust must specify a clear and specific purpose for accumulating income under Section 11(2) of the Income Tax Act; a clarificatory resolution can meet this criterion and departmental non....
Non-specification of specific purpose in Form 10 and delay in its filing do not disentitle charitable trust to section 11(2) accumulation exemption if resolution specifies purpose and other complianc....
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