1984 (8) TMI 117 - AT - Income Tax

Summary

Issues Involved:
1. Whether the donations received by the charitable institution could be deemed to be income liable to tax under the provisions of the Income-tax Act, 1961.
2. Whether the donations received were towards the corpus of the trust or for general and running expenses.
3. Whether the utilization of corpus donations for running expenses affects the tax exemption status.

Summary:

Issue 1: Taxability of Donations
The primary issue was whether the donations received by the charitable institution could be deemed to be income liable to tax u/s 2(24)(iia) and u/s 12 of the Income-tax Act, 1961. The Income Tax Officer (ITO) allowed exemption only for one donation and taxed the rest, arguing they were for general and running expenses, not corpus.

Issue 2: Nature of Donations
The assessee argued that all donations were towards the corpus, supported by letters from donors. The Commissioner (Appeals) disagreed, stating that the donations were used for running expenses, not for creating capital assets, thus losing the exemption. The Tribunal found that two donations were clearly for the corpus, while the other two, even if not initially specified, were spent for the trust's objectives, satisfying the requirements of section 11.

Issue 3: Utilization of Corpus Donations
The Tribunal held that there is no stipulation in sections 2(24)(iia) or 12 that corpus donations, if spent for the trust's objectives, lose their exemption. The emphasis is on the donor's direction at the time of donation, not on the subsequent utilization by the trustee. Misuse by the trustee would be a breach of trust, not a tax issue.

Conclusion:
The Tribunal concluded that the voluntary contributions received by the trust, whether specified as corpus or not, were exempt from tax as they were spent for the trust's objectives. The appeal was allowed, and the donations were not treated as income.