1984 (9) TMI 109 - AT - Income Tax

Summary

Issues:
Late filing of Revenue's appeals for asst. yrs. 1973-74 & 1974-75.
Validity of assessments for asst. yrs. 1973-74 & 1974-75.
Exemption eligibility of trust's income and expenditure for charitable or religious purposes.
Disallowance of expenditure by ITO in construction and repairs.
Validity of CIT(A)'s annulment of assessments.

Analysis:
The appeals by the Revenue for the assessment years 1973-74 to 1975-76 were consolidated due to common points. In the years 1973-74 & 1974-75, the Revenue's appeals faced a preliminary objection regarding late filing. However, it was determined that the appeals were filed in time despite a clerical error in the appeal memo regarding the date of receipt of the CIT(A)'s order.

The assessments for the years 1973-74 & 1974-75 were initially set aside by the AAC due to the lack of discussion on the objects of the trust and the nature of the building where expenses were incurred. The AAC referred to relevant case law to emphasize the importance of considering the trust's objectives in determining exemption eligibility.

The ITO, in the fresh assessment for 1973-74, disallowed certain expenditures on the grounds that the properties did not belong to the trust as per the trust deed. Similar disallowances were made for the year 1974-75. However, the CIT(A) annulled both assessments, citing non-compliance by the ITO with directions to consider the trust's objects, as per the AAC's instructions.

During the proceedings, the counsel for the assessee relied on case law to support the trust's charitable nature and eligibility for exemption. The ITAT, in a previous order, had already granted exemption to the trust for the year 1972-73, considering the charitable and religious objectives of the trust.

For the year 1975-76, the ITO disallowed certain expenditures on similar grounds as the previous years. However, the CIT(A) allowed the deductions, holding that the expenses were incurred for charitable or religious purposes. The ITAT upheld the CIT(A)'s decision, leading to the dismissal of the Revenue's appeals for the years 1973-74 to 1975-76.