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Question ID : 44612

Taxability of the Investment Reg.

Dear Collegue, Please clarify the following Query:- A Trust Registered under the Income Tax has filed Form No.10 indicating that the Funds were set apart towards Purchase of Land and Construction of Building for the Trust during the year 2019. However the Trust could not accumulate enough funds to acquire a Land The Five year time limit expires as on 31st March 2024. What is the Remedy available to the Trust? Whether the amount set apart is Taxable as the Trust could not comply with as per Form No.10 filed before the Income Tax Authorities. A.S. Raman

Posted by A S RAMAN on Feb 23, 2024

Filed Under DIRECT TAXES

Answer ID : 85340

If the amount set apart is not utilized within five years, it will be taxable in the fifth year itself. Hence the unutilized amount will be taxable in F.Y.2023-24, if it is fifth year. No remedy except to utilize the amount.

Posted by CA. chunauti dholakia on Feb 28, 2024