INCOME TAX OFFICER, BIBIKULAM MADURAI vs. D N PUBLIC CHARITABLE TRUST, ARASARADI MADURAI TAMIL NADU

ITA 1302/CHNY/2023Status: DisposedITAT Chennai09 October 2024AY 2014-1534 pages
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What did the Tribunal hold?

The Tribunal decided that the CIT(A) was correct in deleting the additions. The Revenue failed to prove that the assessee trust violated Section 13(1)(c) by diverting funds or that the company was a specified concern for such violation.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting additions made to the assessee trust's income. The additions were based on allegations of diversion of funds and violation of Section 13(1)(c) of the Income Tax Act concerning a CT scanner installed in a private company's premises.

What were the issues?

Whether the CIT(A) erred in deleting additions related to alleged diversion of funds and violation of Section 13(1)(c) of the IT Act concerning the use of a CT scanner by a private company.

Which sections of the Income-tax Act were involved?

Section 13(1)(c),Section 11,Section 12,Section 147,Section 151

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Income Tax Appellate Tribunal, A BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL

PER ABY T. VARKEY, JM: ITA Nos.1302 to 1304/Chny/2023 are the appeals preferred by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter in short `the Ld.CIT(A)'), Delhi, all dated 22.09.2023 for the Assessment Years (hereinafter in short `AYs') 2014-15 to 2016-17 and CO Nos.1 to 3/Chny/2024 are

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