2011 (1) TMI 179 - HC - Income Tax

Deduction u/s 80G - The trust was constituted for a charitable purpose - Donation made various institutions - AO held that the aforesaid donations are not utilised for the objects enumerated in the trust deed. - revenue contended that there is no clause in the trust deed which permitted the assessee/trust to donate money to the other trusts. - revenue further contended that the donee trust have not utilized the funds for charitable purpose.- Held that the lower appellate authority as well as the Tribunal on consideration of the entire material on record have properly held that the order passed by the Assessing Officer is illegal contrary to law and requires to be set aside - Hence appeals are dismissed in favour of asseesse.

Summary

Issues:
Challenging Tribunal's order granting exemption to the assessee trust for donations made to various institutions.

Analysis:
The appeals were filed by the revenue challenging the Tribunal's order upholding the appellate authority's decision granting exemption to the assessee trust for donations made to different institutions. The trust was formed for charitable purposes, including education and relief activities. The revenue contended that the donations were not utilized for the trust's specified objectives and that the trust deed did not authorize donations to other trusts. However, the appellate authority and the Tribunal found that the trust had applied the donations for its objects, which included providing financial assistance to educational institutions. The Tribunal noted that the donee trusts were exempt under section 80G of the Income-tax Act and had similar objectives to the assessee trust. The Tribunal concluded that the Assessing Officer had misinterpreted the provisions, and the orders of the appellate authority were valid and legal. Consequently, the appeals were dismissed.

The trust's deed clearly outlined its charitable purposes, allowing for the establishment and support of educational institutions for the public benefit. The trustees were authorized to provide financial assistance to such institutions, aligning with the trust's objectives. All the donee trusts, being exempt under section 80G, were recognized for their charitable activities, with registrations renewed annually. If the donees failed to utilize the funds for charitable purposes, the amounts would become taxable for them. The lower appellate authority and the Tribunal correctly determined that the Assessing Officer's decision was flawed and against the law, leading to the orders being set aside. As no substantial legal question arose, the Court upheld the dismissal of all appeals.

In summary, the judgment revolved around the revenue's challenge to the Tribunal's decision granting exemption to the assessee trust for donations made to various charitable institutions. The trust's deed permitted financial assistance to educational institutions, and the donee trusts were recognized for their charitable activities under section 80G. The Tribunal found the Assessing Officer's interpretation incorrect, leading to the dismissal of the revenue's appeals.