9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (12) TMI 68 - HC - Income TaxAssessee is a registered society and is also registered u/s 12A - AO sought to tax interest income received by the assessee from the deposit in the bank - Revenue s submit that the assessee is not a Trust - assessee plea is that the income was exempt u/s 11 - in view of explanation to S. 13(1), which defines the term Trust , inter alia for purposes of S. 11, to include any other legal obligation, revenue s submission is not acceptable hence interest on deposits is entitled to exemption
Issues:
1. Whether interest income derived by the assessee on bank deposits is exempt under section 11(1)(a) of the Income Tax Act, 1961. 2. Whether interest on bank deposits is exempt under section 12(1) of the Income Tax Act, 1961. Analysis: 1. The appellant, a registered society under Section 12A of the Income Tax Act, received interest income from bank deposits. The Assessing Officer attempted to tax this income, which the appellant claimed as exempt under Section 11 of the Act. The Tribunal upheld the appellant's plea, emphasizing that income derived from the appellant's property for charitable or religious purposes is exempt under Section 11. The Revenue contended that the appellant, not being a Trust, should not qualify for the exemption. However, the court disagreed, citing the explanation to Section 13(1) which broadens the definition of 'Trust' to include any other legal obligation. Therefore, the court found the appellant eligible for the exemption under Section 11(1)(a) and dismissed the Revenue's appeal. 2. The Revenue also argued that the interest income did not constitute voluntary contributions under Section 12(1) of the Act. The court clarified that the appellant was not seeking exemption based on contributions but on the interest income from its property under Section 11(1)(a). As such, the question of voluntary contributions under Section 12(1) was deemed irrelevant to the case. Consequently, the court found no substantial question of law in this regard and dismissed the appeal.
|
