1977 (11) TMI 50 - HC - Income Tax

Summary

Issues Involved:
1. Whether the amount of Rs. 18,529 qualifies for deduction under section 80G(2)(b) of the Income-tax Act, 1961.

Issue-wise Detailed Analysis:

Issue 1: Deduction Qualification under Section 80G(2)(b)
The primary issue in this case is whether the amount of Rs. 18,529 spent by the assessee for constructing a museum building in the Southern Prakaram of Sri Ranganathaswami Temple at Srirangam qualifies for deduction under section 80G(2)(b) of the Income-tax Act, 1961.

Facts and Contentions:
- The assessee claimed a deduction of Rs. 18,529, representing 50% of the amount spent on constructing the museum building and its electrification, under section 80G(2)(b).
- The Income-tax Officer disallowed the claim, arguing there was no cash donation to the temple.
- The Appellate Assistant Commissioner accepted the assessee's claim, directing the Income-tax Officer to allow the necessary relief, treating the amount as a donation eligible for relief.
- The Income-tax Appellate Tribunal upheld this decision, rejecting the revenue's contention that the construction did not amount to renovation or repair of the temple under section 80G(2)(b).

Legal Provisions and Interpretations:
- Section 80G(2)(b) allows deductions for sums paid as donations for the renovation or repair of temples, mosques, gurdwaras, churches, or other notified places of historic, archaeological, or artistic importance.
- Explanation 5 to section 80G(2), inserted by the Finance Act, 1976, specifies that no deduction shall be allowed unless the donation is a sum of money. However, this explanation is applicable from 1st April 1976 and does not apply retrospectively to the assessment year 1969-70.

Judicial Precedents:
- The court referred to the Bombay High Court decision in Commissioner of Income-tax v. Associated Cement Co. Ltd. [1968] 68 ITR 478, where it was held that the substance of the transaction should be considered, and in substance, the assessee had donated money.
- The court also considered the Andhra Pradesh High Court decision in Commissioner of Income-tax v. Amonbolu Rajiah [1976] 102 ITR 403, which held that the substance of the transaction should be looked into, and if the money was spent for the intended purpose, it could be considered a donation.

Court's Findings:
- The court found that the construction of the museum building amounted to renovation or repair of the temple under section 80G(2)(b).
- The court held that the assessee's action of constructing the building at their cost and handing it over to the temple was in substance a donation of money.
- The court emphasized that the substance of the transaction should be considered, and the super-imposition of a contractor should not affect the transaction's nature.

Conclusion:
- The court concluded that the Tribunal was right in holding that the amount of Rs. 18,529 qualified for deduction under section 80G(2)(b).
- The question referred was answered against the revenue and in favor of the assessee, with the revenue directed to pay the costs of the reference to the assessee.

This comprehensive analysis ensures that the legal terminology and significant phrases from the original text are preserved, providing a detailed and thorough understanding of the judgment.