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Issues involved: Interpretation of whether the repayment of debt incurred by a trust for the construction of a commercial building can be considered as 'application' of income for charitable purposes.
Summary: The High Court of Karnataka addressed the question of law referred by the Income-tax Appellate Tribunal regarding the treatment of the repayment of debt by a trust for the construction of a commercial building as 'application' of income for charitable purposes for the assessment year 1983-84. The Assessing Officer initially did not consider the repayment of the loan as income applied for charitable purposes. However, the Deputy Commissioner of Income-tax (Appeals) directed the Assessing Officer to allow the claim of the assessee, leading to an appeal by the Department before the Tribunal. The Court relied on a previous decision in CIT v. Janmabhumi Press Trust [2000] 242 ITR 457 (Kar) to establish that when a trust is entitled to benefits under section 11 of the Income-tax Act, the key consideration is whether the income or accumulated income is applied for charitable purposes. The Court emphasized that if investments are made in the construction of a building to augment income, it should be deemed as an application of funds for the trust's purpose. Citing precedents from the Kerala High Court and the Madras High Court, the Court concluded that the repayment of debt for constructing a commercial building to enhance funds should indeed be treated as an 'application' of income for charitable purposes. Therefore, the Court ruled in favor of the assessee, holding that the Tribunal was correct in considering the repayment of debt incurred for the construction of the commercial building as an 'application' of the income of the assessee-trust for charitable purposes.
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