SHERVANI CHARITABLE TRUST,ALLAHABAD vs. ITO(EXEMPTION), ALLAHABAD

ITA 119/ALLD/2023Status: DisposedITAT Allahabad08 June 2026AY 2016-1724 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that Section 11(1)(b) of the Act is applicable to trusts created before the commencement of the Income Tax Act, 1961, allowing exemption for income applied to charitable purposes. The Tribunal followed its earlier decision in favour of the assessee and set aside the orders of the lower authorities.

What were the facts?

The assessee is a Charitable Trust registered under Section 12 of the Income Tax Act. The Assessing Officer denied exemption under Sections 11 and 12, treating the entire receipts as taxable income, citing that the Trust did not have wholly charitable objects based on previous High Court and Supreme Court decisions.

What were the issues?

Whether the Trust is entitled to exemption under Sections 11 and 12 of the Income Tax Act, considering its objects and the applicability of Section 11(1)(b) for trusts created prior to the 1961 Act.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 11(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD

Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI NIKHIL CHOUDHARY

For Appellant: Shri Ashish Bansal, Advocate

PER BENCH:

These appeals have been preferred by the Assessee against the respective orders, both dated 09.09.2023, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Years 2015-16 and 2016-17. 2.0 Since the facts and the issues involved in the above captioned appeals are almost identical, therefore, they were taken up together for hearing and are being disposed of through this common order for the sake of convenience.

2.

1 First, we will deal with the issues involved in the case of the assessee in ITA No.118/ALLD/2023 for assessment year 2015-16. ITA Nos.118 & 119/ALLD/2023 2.2 The brief facts of the case are that the assessee is a Charitable Trust created on 13.04.195

The order continues below.

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