DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE, CHENNAI, INCOME TAX DEPARTMENT vs. THE INDIAN INSTITUTE OF ENGINEERING TECHNOLOGY, CHENNAI

ITA 679/CHNY/2024Status: DisposedITAT Chennai30 August 2024AY 2012-13Bench: SHRI MAHAVIR SINGH (Vice President), SHRI S.R. RAGHUNATHA (Accountant Member)23 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the payment of honorarium to Ms. Meenakshi Sundararajan was permissible as per the trust's memorandum and a previous ITAT decision. The loan given to the sister trust was also found to be for charitable purposes and secured, thus not violating the provisions.

What were the facts?

The Revenue appealed against the CIT(A)'s order which allowed exemption to a charitable trust. The AO had denied exemption, alleging violations of Section 13(1)(c) and 13(1)(d) due to payments made to a relative and a sister trust.

What were the issues?

Whether payments to a relative and a sister trust by a charitable trust violate provisions related to the application of income and benefit to private individuals.

Which sections of the Income-tax Act were involved?

Section 13(1)(c),Section 13(1)(d),Section 11,Section 10(23C)(vi),Section 12AA

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Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI MAHAVIR SINGH & SHRI S.R. RAGHUNATHA

Hearing: 11.06.2024Pronounced: 30.08.2024

PER S.R. RAGHUNATHA, A.M : This appeal by the Revenue is arising out of the order of the Commissioner of Income Tax (Appeals), (NFAC), Delhi [hereinafter “CIT(A)] in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1059500064(1), dated 09.01.2024. The assessment was framed by the Assessing Officer for the Assessment Year 2012-13 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 20.03.2015. :- 2 -:

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