1983 (7) TMI 4 - HC - Income Tax

Summary

Issues Involved:
1. Whether the donation of shares by one charitable trust to another amounts to application of income for charitable purposes u/s 11(1)(a) of the Income-tax Act, 1961.
2. Whether the assessee applied sufficient percentage of its income to qualify for exemption u/s 11.

Summary:

Issue 1: Donation of Shares as Application of Income
The primary issue was whether the donation of shares by one charitable trust to another constitutes the application of income for charitable purposes within the meaning of section 11(1)(a) of the Income-tax Act, 1961. The Income-tax Officer initially found that the assessee had not applied sufficient income towards charitable purposes, leading to a tax liability. The Appellate Assistant Commissioner and the Tribunal, however, held that the donation of shares valued at Rs. 30,000 should be considered as application of income for charitable purposes. The High Court, upon review, disagreed with this interpretation, stating that the income must be applied in the year it is received to qualify for exemption. The Court emphasized that the language of section 11 requires the actual application of income received in the relevant year for charitable purposes, and not from accumulated income of previous years.

Issue 2: Application of Sufficient Percentage of Income
The Court examined whether the assessee applied at least 75% of its income for charitable purposes to qualify for exemption u/s 11(1)(a). The assessee argued that the shares donated were purchased from accumulated income of earlier years, and thus should be considered as application of income. The Court rejected this argument, clarifying that the exemption is limited to the income actually applied in the relevant year. The Court further noted that section 11(1)(a) permits accumulation of only 25% of the income or Rs. 10,000, whichever is higher, and any excess accumulation disqualifies the income from exemption. The Court concluded that the assessee did not meet the conditions laid down in section 11(1)(a) as the income of the relevant year was not applied for charitable purposes.

Conclusion:
The High Court held that the donation of shares valued at Rs. 30,000 did not amount to the application of the income of the trust for charitable purposes in the year under consideration. The question was answered in the affirmative and in favor of the Revenue, with no order as to costs.