TMI Blog2014 (11) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... possession immediately - The delay in handing over possession cannot be attributed to the fault of the trust and as a consequence the interference drawn by the Original Authority that there is an error in maintaining the accounts appears to be hyper-technical - The Tribunal was correct in rectifying the error and allowing the appeal – as such no substantial question of law arises for consideration – Decided against revenue. - Tax Case (Appeal) No. 688 of 2014 - - - Dated:- 5-11-2014 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr. J. Narayanasamy Standing counsel for Income Tax ORDER (Delivered by R. Sudhakar,J.) This Tax Case (Appeal) is filed by the Revenue as against the order of the Income Tax Appellate T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking over the property. Having brought the asset in the books of accounts of the trust for the year ending 31.3.2010 itself and taking over of the asset subsequently on 26.5.2011 would show that the accounts and the activities of the trust were not at all clear. The further ground is that the trust had not shown any material evidence to show that they are carrying on charitable activity. On this premise and on the basis of the report of the Inspector, who stated that except conducting pooja to the Presiding deity and distributing Prasadam to the devotees, no charitable activity has been effectively taken. Hence, the application was rejected. As against the said order of rejection, the assessee filed an appeal before the Income Tax Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r physical possession only on 26.5.2011. We find that such a reasoning is totally misconceived. As we have already observed, the donee cannot make conditions or call upon the donor that he should deliver possession immediately. What has been given as gift by a registered document has been entered into the books of accounts promptly. The delay in handing over possession cannot be attributed to the fault of the trust and as a consequence the interference drawn by the Original Authority that there is an error in maintaining the accounts appears to be hyper-technical. The Tribunal was correct in rectifying the error and allowing the appeal. It is not as if that the Original Authority did not have power to check the activities of the trust, as S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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