DCIT, CHANDIGARH vs. M/S THE TRIBUNE TRUST, CHANDIGARH
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the claim for permissible accumulation must be based on actual accumulation and not an arbitrary calculation exceeding the income earned. Therefore, the loss claimed on account of excess accumulation was disallowed.
What were the facts?
The assessee, a trust, claimed exemption under Section 10(23C)(iv) and sought to carry forward losses. The Assessing Officer restricted the exemption to the actual surplus income, disallowing the claimed loss which arose from an excessive claim for permissible accumulation.
What were the issues?
Whether a trust claiming exemption under Section 10(23C)(iv) can claim carry forward of losses arising from an excessive claim for permissible accumulation beyond the actual income earned.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal204 citing211 ITR 293 · 1995 · HC
- CIT v. Maharana of Mewar Charitable Foundation153 citing164 ITR 439 · 1987 · HC
- ACIT v. A.L.N. Rao Charitable Trust58 citing216 ITR 697 · 1995 · SC
Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: SHRI SANJAY GARG & MS.ANNAPURNA GUPTA
per the section refers only to the actual accumulation.
Since as per the facts of the present case the assessee has
claimed deduction of accumulation in excess of the actual
amount,the same we hold is not allowable to the assessee
.The loss claimed to be carried forward by the assessee on
account of the same is therefore also disallowed. The
decision relied upon by the Ld.CIT(Appeals) in the case of
Maharana of Mewar Charitable Foundation (supra), the
decision of the Hon'ble Gujarat High Court in the case of
Shri Plot Swetamber Murti Pujak Jain Manal (supra) are of
no assistance to the assessee since the same we find are
distinguishable on facts as in all the said case, the loss
incurred by the assessee was actual with the expenditure
exceeding the gross receipt of the assessee and it was in
those circumstances that the courts held that the assessee
was entitled to carry forward the loss to be set off against
the income of the succeeding years.
In view of the above, we hold that the assessee is not
entitled to claim carry forward of loss to the extent of
Rs.9,70,90,059/- and set aside the order of the CIT(A).
In the result, the appeal of the Revenue is allowed.
Order pronounced in the Open Court.
Sd/- Sd/- (SANJAY GARG) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 23rd March, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR Assistant Registrar, ITAT, Chandigarh
More judgments on Section 10(23C)(iv)
- Assistant Commissioner of Income Tax… vs Population Services International, DelhiITA 3148/DEL/2026[2018-19]Status: Disposed24 Sept 2026AY 2018-19
- Assistant Commissioner of Income Tax… vs Population Services International, DelhiITA 3147/DEL/2026[2013-14]Status: Disposed24 Sept 2026AY 2013-14
- S M Educational Society, Siliguri vs I.T.O., Exemption, Ward - 2(2), SiliguriITA 527/KOL/2026[2022-2023]Status: Disposed25 Jun 2026AY 2022-2023
- S M Educational Society, Siliguri vs I.T.O., Exemption, Ward - 2(2), SiliguriITA 526/KOL/2026[2021-2022]Status: Disposed25 Jun 2026AY 2021-2022
- Nirmal Bharat Foundation, Pune vs Exemption Ward 1(2), PuneITA 3133/PUN/2025[2018-19]Status: Disposed9 Jun 2026AY 2018-19
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