ACIT (EXEMPTION), JODHPUR vs. M/S.MAHESH SIKSHAN SANSTHAN, JODHPUR

ITA 375/JODH/2019Status: DisposedITAT Jodhpur21 December 2020AY 2016-175 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the donation made by the assessee to another registered trust was a valid application of income, as it was a small percentage of donations received and the common trustees did not benefit personally. The payment of income tax was also considered incidental to the trust's objects.

What were the facts?

The assessee, a registered trust running educational institutions, claimed exemption under Section 11. The Assessing Officer denied this exemption, citing undue benefits to specified persons and donations to another trust with common trustees. The CIT(A) allowed the exemption, finding no violation of statutory provisions.

What were the issues?

Whether donations to a trust with common trustees and the payment of income tax constitute a violation of Section 13, leading to denial of exemption under Section 11.

Which sections of the Income-tax Act were involved?

Section 11,Section 13(1)(c)(ii),Section 13(1)(d),Section 11(5),Section 13(3)(e)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri P.C. Parwal (CA)- Ld. AR
For Respondent: Shri A.S. Yadav - Ld. CIT- DR

Manoj Kumar Aggarwal (Accountant Member): -

1.

Aforesaid appeal by revenue for Assessment Year [in short referred to as ‘AY’] 2016-17 contest the order of learned Commissioner of Income Tax (Appeals)-2,Jodhpur, [in short

2 M/s. Mahesh Sikshan Sansthan Assessment Year: 2016-17 referr

The order continues below.

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