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2005 (8) TMI 90 - HC - Income TaxCharitable trust - It may be remembered that section 13 carves out an exception to the general exemption granted under sections 11 and 12 to incomes derived by trusts/charitable institutions. The onus lies on the Revenue to bring on record, cogent material/evidence to establish that the trust/charitable institution is hit by the provision of section 13. In the present case, we find that as held by the Tribunal, the Revenue has miserably failed to bring any material on record to establish that the trust in question fell within the prohibited category enumerated in section 13 – Thus, Tribunal was correct in holding that the assessee trust was not hit by the provisions of sections 13(1)(c) and 13(2)(b) read with sections 13(2) and 13(3) of the Income-tax Act, 1961
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