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2013 (2) TMI 380 - PUNJAB AND HARYANA HIGH COURTCharitable Trust - Income from printing and publishing of newspapers - Whether the object of the assessee trust is encompassed under the expression 'charitable purpose' falling within the ambit of Section 2(15) - Property held under Trust Held that:- Following the decision in case of Thanthi Trust (2001 (1) TMI 80 - SUPREME COURT) that the business income of a trust or institution to be exempt is that the business should be incidental to the attainment of the objectives of the trust or institution. A business whose income is utilized by the trust or the institution for the purposes of achieving the objectives of the trust or the institution is, surely, a business which is incidental to the attainment of the objectives of the trust. In any event, if there be any ambiguity in the language employed, the provision must be construed in a manner that benefits the assessee. The Trust, therefore, is entitled to the benefit of Section 11 for the A.Y. 1992-93 and thereafter. It is, we should add, not in dispute that the income of its newspaper business has been employed to achieve its objectives of education and relief to the poor and that it has maintained separate books of account in respect thereof - In favour of assessee Violation of the provisions of Section 13(3) - Any part of income or any property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-section (3) of Section 13 – Certain payment were made to persons as defined in Section 13(3) - Held that:- Tribunal while reversing these findings had not recorded any definite and clear finding relating to violation of the provisions of Section 13(3). The matter, thus, requires to be remanded to the Tribunal to re-adjudicate the claim of the assessee for exemption of income u/s 11 - Remand back to AO
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