2018 (10) TMI 730 - AT - Income Tax

Deduction u/s 80GGA - contribution made to Population and Social Development - allowability of professional and legal fees as expenditure under the head income from other sources - Held that - contributions made to Population and Social Development would be eligible for deduction u/s 35AC in respect of business assessees and u/s 80GGA of the Act in respect of non-business assessees - It is not in dispute that the assessee not having business income would be eligible for deduction u/s 80GGA of the Act in respect of contributions made to eligible organizations. - Decided against the revenue. Deduction of expenditure - income from other sources - Held that - the payment of professional and legal fees were with regard to some disputes pertaining to the properties of the assessee trust, which has got absolutely no bearing on the earning of interest income on deposits. - Claim not allowed - Decided in favor of revenue.

Summary

Issues involved:
1. Eligibility for deduction u/s 80GGA of the Act
2. Allowability of professional and legal fees as expenditure under the head income from other sources

Issue 1: Eligibility for deduction u/s 80GGA of the Act:
The appeal by the Revenue concerns the eligibility of the assessee for deduction u/s 80GGA of the Act. The case involves a religious trust created by a Will and Codicil for charitable purposes. The trust's income was primarily from interest on deposits used for puja and charity. The trust filed its return for the Assessment Year 2012-13, which was later reopened. The Assessing Officer disallowed certain expenses, including donations and professional fees. The Commissioner of Income Tax (Appeals) allowed the claim for deduction u/s 80GGA after verifying the documents related to donations made to eligible organizations. The Tribunal upheld this decision, stating that the trust, being a religious entity without business income, was eligible for deduction u/s 80GGA for contributions made to eligible organizations. The Tribunal found no infirmity in the Commissioner's decision and dismissed the Revenue's appeal on this issue.

Issue 2: Allowability of professional and legal fees as expenditure under the head income from other sources:
The second issue pertains to the allowance of professional and legal fees amounting to &8377; 29,53,889 as expenditure under the head income from other sources. The Assessing Officer disallowed these expenses, stating that they were not incurred for the purpose of earning interest income on deposits, which was the trust's primary income source. The trust argued before the Commissioner for the deduction of these fees related to property disputes. However, the Tribunal held that such fees did not contribute to earning interest income and were not eligible for deduction u/s 57 of the Act. The Tribunal found the Commissioner's decision to allow these expenses as a deduction erroneous and allowed the Revenue's appeal on this ground. Consequently, the appeal by the Revenue was partly allowed on this issue.

In conclusion, the Tribunal upheld the Commissioner's decision regarding the eligibility for deduction u/s 80GGA of the Act but allowed the Revenue's appeal concerning the disallowance of professional and legal fees as expenditure under the head income from other sources.