Case Study On Denial of exemption under sections 11 and 12 of the Income Tax Act

Our client, a charitable trust, was facing the denial of exemption under sections 11 and 12 of the #incometax 1961, due to the non-filing of Form 10B along with their return of income. They had been claiming exemption for 30 long years and were facing the risk of losing it due to this inadvertent mistake.
Our #litigation team at IPPC Group took up the case and decided to challenge the denial of exemption in the High Court. We conducted a thorough analysis of the Income Tax Act and relevant case laws to build a strong case. We argued that the mere non-filing of Form 10B cannot be a ground for the denial of exemption under sections 11 and 12.

Our litigation team presented a compelling argument to the court, emphasizing that the legislature has conferred wide powers to condone delays by the assessee in filing various statutory forms and returns. We cited the case of Sarvodaya Charitable Trust Vs. ITO(E) to support our arguments. The High Court of Gujarat ruled in our client’s favour, ensuring they continue to enjoy their exemption under sections 11 and 12.

At IPPC Group, we offer comprehensive litigation services for Income Tax, GST, PMLA, FEMA, and Black Money Act. Our team of experts has extensive experience in dealing with complex tax-related issues and can help you resolve any disputes you may face. We are equipped to represent you in court if necessary, and our ultimate goal is to help you achieve a favorable outcome.

IPPC Group is a leading professional services firm that provides a wide range of services, including tax advisory, compliance, litigation, and corporate advisory services. Our team of experts has years of experience in dealing with various tax-related issues, and we have a proven track record of success.