2015 (4) TMI 335

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... alid. It is not denied that the certificate under Section 12A, is still valid. The details of the expenses incurred on charitable activities, were filed along with the returns. We have gone through these details, which include expenditure of major part of donation on religious and other charitable purposes on 27 items. The amount spent on free food distributed in Rain Baseras in evening at ₹ 17,75,289.53, Prasad distribution on various functions, donation provided to the SMS Hospital for maintenance of Polytroma ward at ₹ 4,13,819/-, and other activities, clearly fall within the meaning of charitable purposes under Section 2(15) of the Act. Thus the findings recorded by the Income Tax Authorities that so long the registrat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e accrued to the said family trust. iii) Whether, in the facts and circumstances of the case the Tribunal was justified in law in holding that the assessee trust is entitled for benefit of exemption u/s. 11/12 contrary to the provisions of section 13(1) (a) of the IT Act, 1961. iv) Whether, in the facts and circumstances of the case the Tribunal was justified in law in confirming the deletion of addition of ₹ 7206002/- on account of donation given for charitable activities despite of the fact that the assessee is not entitled for any exemption/ deduction. v) Whether, in the facts and circumstances of the case the Tribunal was justified in law in treating the construction expenses of ₹ 566627/- as revenue expenditure. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... repairs of the generator, CCTV, note counting machine and wheel chairs, was clearly established on record. 4. It is submitted by learned counsel appearing for the Department that charitable trust is defined under Section 2(15) of the Income Tax Act. As per Section 13(1), nothing contained in section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof, whereas Section 13(1)(a), provides that any part of the income from the property held under a trust for private religious purposes, which does not inure for the benefit of the public. It is submitted that the amount of ₹ 72,06,002/-, was not spent for the benefit of the public, and thus, it would not fall within .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X