2010 (6) TMI 808 - AT - Income Tax

Summary

Issues involved:
The judgment involves the disallowance of loss and the carry forward of loss by a Trust registered u/s 12A for the assessment year 2004-05.

Disallowance of Loss:
The assessee showed a net loss of Rs. 90,64,273, which the AO assessed as Nil income and disallowed the carry forward of the loss as capital expenses had been claimed u/s 11/12 of the Act. The ld.CIT(A) held that there could not be a loss in absolute terms for a trust/society not engaged in business activities, as it could be an excess application of income/utilization. The Revenue appealed, but the Tribunal accepted the excess expenditure incurred for charitable purposes as liable to be adjusted against the income of succeeding years, citing judicial decisions supporting this view.

Carry Forward of Loss:
The ld.CIT(A) held that since there was no loss in absolute terms, there was no question of allowing carry forward, as the objective is to set off against taxable income in the future, which is not applicable to trusts/societies. The assessee argued that excess amount spent/applied for could be set off in subsequent years against income, citing various judicial decisions. The Tribunal agreed, allowing the carry forward of excess expenditure for charitable purposes against the income of succeeding years, based on the decision of the Hon'ble Rajasthan High Court and other judicial precedents.

Conclusion:
The Tribunal partly allowed the appeal filed by the assessee, accepting the carry forward of excess expenditure for charitable purposes against the income of succeeding years. The disallowance of loss was not adjudicated as it became academic in light of the decision on the carry forward issue.