RAMDEOBABA SARVAJANIK SAMITI KATOL ROAD ,NAGPUR vs. ASST. COMMISSIONER OF INCOME TAX (EXEMPTION), NAGPUR
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the condition of applying income for charitable purposes in India is mandatory. The assessee failed to satisfy this condition with its foreign travel expenditure.
What were the facts?
The assessee claimed Rs. 5,50,092/- as application for charitable purposes. This expenditure was incurred for foreign travel of its principal and vice-principal to overseas destinations like Tanzania, UK, and US.
What were the issues?
Whether expenditure incurred on foreign travel for educational purposes by the principal and vice-principal qualifies as application of income for charitable purposes in India.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH :NAGPUR [VIRTUAL HEARING]
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2012-13, arises against the CIT(A)-1, Nagpur, Nagpur's Order No. CIT(A)-1/51/2015-16, dated 02.07.2019, involving proceedings u/s. 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
Coming to the assessee’s sole substantive grievance raised in the instant appeal that both the learned lower authorities have erred in law and on facts in disallowing it’s claim of Rs.5,50,092/-; as “application” for carrying-out charitable purposes in India; the Ld. CIT(A)'s lower appellate discussion affirming Assessing Officer’s action to this effect reads as under :
2 ITA.No.308/NAG./2019 3 ITA.No.308/NAG./2019 4 ITA.No.308/NAG./2019 5 ITA.No.308/NAG./2019 3. Learned counsel vehemently argued during the course of hearing that both the learned lower authorities have erred in law and on facts in making the impugned disallowance. He invited my attention to the assessee’s detailed paper book running into 61 pages containing all the relevant particulars as well as various judicial precedents in support of the assessee’s stand. It emerges from a perusal of the corresponding details compiled at page-11 of the paper book that the assessee had incurred the impugned expenditure for the purpose of foreign travels of it’s principal and vice-principal to various overseas destinations i.e., take for instance some of the expenditure incurred for Tanjania visit/tour followed by similar claims of U.K. and U.S. visits. It is noticed in this factual backdrop that the Ld. CIT(A)'s has already discussed a catena of case law holding that the condition of application of such an assessee’s income in India is a mandatory requirement which it has failed to satisfy in above extracted terms. Faced with this situation, I see no ground to interfere with the learned CIT(A)'s detailed reasoning affirming Assessing Officer’s action. Ordered accordingly.
This assessee’s appeal is dismissed in above terms.
6 ITA.No.308/NAG./2019 Order pronounced in the open Court on 06.05.2024.
More judgments on Section 11
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 531/NAG/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
Recent GST High Court judgments
Search GST case law →- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026