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Issues involved: Interpretation of provisions u/s 13(2)(h) of the Income-tax Act, 1961 regarding disqualification of assessee's claim for exemption of income u/s 11 of the Act.
Summary: The High Court of Andhra Pradesh addressed a reference under section 256(1) of the Income-tax Act, 1961, concerning the disqualification of the assessee's claim for exemption of income under section 11 of the Act. The case involved a trust established for charitable purposes, with the corpus invested in a partnership firm where the assessee had substantial interest. The Income-tax Officer applied section 13(2)(h) of the Act, including the income in the assessee's total income. The court analyzed the relevant sections of the Act, emphasizing the conditions for exemption under section 11 and the implications of section 13(1) and (2) regarding the use of funds in concerns where the founder has substantial interest. The court highlighted that section 11 of the Act exempts income from property held for charitable purposes, subject to specified conditions. It further explained the requirements under section 13(1) and (2) regarding the exclusion of income where funds are invested in concerns with substantial interest of the founder. The judgment clarified that the term "fund" includes both the corpus and the income derived from it, rejecting the argument that only accumulated income should be excluded from taxability. Ultimately, the court upheld the authorities' decision to include the interest derived from the trust property in the assessee's total income, ruling in favor of the Revenue and against the assessee. The judgment provided a detailed analysis of the relevant provisions of the Income-tax Act, emphasizing the legislative intent behind the exemption and disqualification criteria under sections 11 and 13.
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