CHANDRA PRABHA CHARITABLE TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) This tax revision case is filed under Section 78 of the Kerala Agricultural Income Tax Act, 1991 (for short 'the Act'), challenging the order of the Tribunal produced as Annexure C, confirming the petitioner's assessment for 1994-95. The petitioner, claiming to be a charitable trust, admittedly did not file return on the due date provided under Section 35(1) of the Act. However, a belated return was filed on 12.7.1995. The assessing officer completed the assessment on 13.3.2000 whereunder, the petitioner's claim for exemption from payment of tax as a charitable institution, was also declined. The petitioner challenged the assessment in first appeal on the ground of limitation as well as against disallowance of exemption claimed under Section 16 of the Act. The first appeal was dismissed, against which the second appeal filed before the Tribunal, was also dismissed. In this revision petition filed against the said order of the Tribunal, the petitioner has raised the question of limitation against the assessment as well as against disallowance of exemption claimed as a charitable institution, under Section 16 of the Act.

(2.) We have heard learned counsel for the petitioner and learned Govt. Pleader.

(3.) Learned counsel for the petitioner contended that the assessment completed for the assessment year 1994-95 on 13.3.2000 is barred by limitation, because Section 39(6) of the Act provides limitation only upto two years from the date of filing of the return. According to the petitioner, the return having been filed on 13.7.1995, the last date for completion of assessment was 13.7.1997 and since the assessment was not completed within that time, it is barred by limitation.