LIONS COMPREHENSIVE EYECARE FOUNDATION,SANGLI vs. EXEMPTION WARD, KOLHAPUR, KOLHAPUR
What did the Tribunal hold?
The Tribunal held that the disallowance of revenue expenditure would only inflate the trust's surplus income. Since this surplus did not exceed the 15% accumulation limit, no addition was warranted.
What were the facts?
The assessee, a charitable trust, claimed exemption under Section 11. The AO denied exemption and disallowed 10% of revenue expenditure for failing to prove genuineness. The NFAC allowed exemption but confirmed the disallowance.
What were the issues?
Whether the disallowance of revenue expenditure, when the resulting surplus is within the permissible accumulation limit, warrants an addition to income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE „SMC‟ BENCHES :: PUNE
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE „SMC‟ BENCHES :: PUNE BEFORE SHRI INTURI RAMA RAO, HON'BLE ACCOUNTANT MEMBER (A.Y. 2016-17) Lions Comprehensive Eyecare vs ITO, Exemption Ward, Foundation, C/o Plot No.31, Kolhapur. MIDC, Miraj, Sangli-416410. PAN: AAATL 0619 A Appellant Respondent Assessee by : Shri Kishore B. Phadke, CA Revenue by : Shri Ganesh B. Budruk, DR Date of hearing : 13/02/2024 Date of pronouncement : 15/02/2024 ORDER
This is an appeal filed by the assessee directed against the order of National Faceless Appeal Centre [NFAC], Delhi, dated 25.09.2023 for A.Y.2016-17.
Brief facts of the case are that assessee is a charitable trust registered u/sec. 12A of the Income Tax Act, 1961 (for short, 'the Act') on 26/02/1992. The assessee-trust was formed for the benefit of poor and needy eye patients to provide total eye care. Return of income for the A.Y. 2016-17 was filed on 28/03/2019 claiming exemption u/sec. 11 of the Act. Against the said return of income, the assessment was completed by the Assessing Officer (AO) u/sec. 144 of the Act vide order dated 19/12/2018 at an assessed income of Rs. 48,12,32/- by Lions Comprehensive Eyecare Foundation denying exemption on the ground that assessee was not entitled for exemption as the assessee did not have registration under 12A/12AA of the Act. The AO also disallowed 10% of the revenue expenditure as the assessee has failed to prove the genuineness of the expenditure.
Being aggrieved by the order of the AO, the assessee filed an appeal before the NFAC, who vide impugned order allowed the exemption u/sec. 11, however, confirmed the disallowance of 10% of the revenue expenditure as the assessee failed to prove the genuineness of the expenditure even before him.
Aggrieved by the order of the NFAC, the assessee is in appeal before this Tribunal by raising the following additional ground of appeal:- “Without prejudice to the earlier grounds of appeal, appellant contends that, quantum of ad-hoc disallowance of expenses of Rs. 35,95,602/-; together with the surplus of Rs. 12,16,630/- amounts to income of Rs. 48,12,232/- which is about 12.95% of the total receipts of Rs. 3,71,72,650/-. Appellant further contends that, such income of Rs. 48,12,232 is less than permitted accumulation limit of 15% u/sec. 11(1)(a) of the ITA, 1961 and as such, the taxable income ought to be worked out at Rs. NIL.”
As the additional ground goes to the root of the matter and is purely legal in nature, requiring no verification of facts, I admit this additional ground and proceed to adjudicate the same.
It is submitted that even assuming for argument sake that the disallowance of revenue expenditure is justified, the same would only Lions Comprehensive Eyecare Foundation go to inflate the income of the assessee trust, which remains unspent for charitable purpose which does not exceed 15% of the total income of the assessee trust, the same should be allowed to carry forward for subsequent application and no addition is called for.
On the other hand, ld.Sr.DR did not dispute the above proposition as advanced by the ld.AR.
I have heard rival submissions and perused the material on record. I find merit in the submission made on behalf of the assessee trust that disallowance of revenue expenditure would only inflate the surplus income of the assessee trust. Since the surplus income does not exceed 15% of the total receipts of the assessee trust, the same has to be carried forward for subsequent application of this income for charitable purposes. Therefore, no addition is called for. The additional ground of appeal filed by the assessee stands allowed and the other grounds of appeal are dismissed as infructuous.
In the result, appeal of the assessee is partly allowed.
Order pronounced in open Court on 15th February, 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 →- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026
- M/S New Sana Brick Field vs. Union Of INDIA And 4 OthersAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- 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