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Issues involved: Appeal against denial of exemption u/s 11 of the Income Tax Act.
Summary: The case involved an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals) regarding the eligibility of the assessee for the benefit of sec.11 of the Income Tax Act. The assessee, an educational institution, had filed a return of income claiming exemption under sec.11. The assessment was reopened based on alleged violations of sec.13 of the Act, specifically related to investments made by the assessee. The Assessing Officer denied the exemption claimed under sec.11, leading to the appeal. The Commissioner of Income Tax (Appeals) held that there was no violation of sec.13 by the assessee and that they were eligible for exemption under sec.11. The Tribunal rejected an adjournment petition and proceeded with the hearing, ultimately upholding the decision of the Commissioner of Income Tax (Appeals) based on previous rulings in the assessee's own case for the Asst. Year 2005-06. The Tribunal emphasized that the lease rental advances made by the trust were considered as an application of funds for pursuing the trust's charitable objects, not as investments. It was concluded that the trust had not violated any provisions of sec.11 or sec.13 of the Act, and therefore, was entitled to exemption under sec.11 for the relevant assessment year. The Tribunal dismissed the appeal of the Department, confirming the order of the Commissioner of Income Tax (Appeals) and upholding the assessee's entitlement to exemption under sec.11 of the Income Tax Act for the assessment year in question.
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