Condition for Exemption : whether Mandatory Vs Directory

August 3, 2022
  • Taxpayer is entitled for exemption if conditions are fulfilled
  • Conditions can be mandatory or directory, courts have condone violation of directory conditions
  • It is based on the effect of non compliance
  • SC in Hari Chand Shri Gopal case led that
  • Conditions which are a matter of substance is mandatory; & one which are mere convenience are directory
  • E.g. reporting of details of exemption also being a pre-condition to claim exemption is directory
  • However, in Wirpo’s case, SC considered filings of declaration as a mandatory condition
  • The matter is again debatable between Wirpo’s case and other jurisprudence