TMI Blog2011 (4) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been mindful of the position that registration of an organization as a charitable institution under the provisions of section 12A of the Act leads to exemption from payment of Income-tax - Therefore, it goes without saying that such an organization will have to measure up to the strict parameters laid down in the Act to continue to enjoy the benefit of exemption from payment of Income-tax, failing which it may be deprived of its registration as a charitable institution and the benefit of exemption from payment of Income-tax. - regret to record that the learned authorities under the Act were not mindful of their responsibility, resulting in abdication of essential duties and functions, causing recurring loss of revenue.appeal. It is acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income-tax Act? (iii) Whether on the facts and in the circumstances of the case, the Tribunal is justified in holding that no evidence was filed to support the utilization of sum advanced for investment in building let out to the appellant by the landlady? (iv) Whether on the facts and in the circumstances of the case, the Tribunal is justified in not considering the material/evidences placed before it and/or by ignoring the material/evidences furnished vide paper book dated 23-4-2007 (page 20) while deciding the appeal? 3. A brief statement of facts essential for the disposal of this appeal may be indicated. The assessee is registered as a Society under the provisions of the Societies Registration Act. It is also a charitab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e lacs had at all been used for improvement or expansion of the school building. He, therefore, concluded that advance of the sum of rupees five lakhs was really not for a charitable purpose, and the same has been siphoned off. Being aggrieved by the order, the assessee preferred appeal before the learned Commissioner of Income-tax, Patna, which has been dismissed by the order dated 30-9-2004, passed in Appeal No. 133/P/A-II/2004-05. The assessee challenged the same by preferring appeal before the learned Tribunal which has been dismissed by the impugned judgment. Hence this appeal at the instance of the assessee under the provisions of section 260A of the Act. 4. While assailing the validity of the impugned order, learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He relies on the judgment dated 30-3-2011 of the present Bench in M.A. No. 657 of 2010 (Deputy CIT v. Sulabh International Social Service Organisation. He next submits that there has been non-submission of particulars in Form-10, read with section 11(5) of the Act. The advance is in violation of sections 11, 11(3) and 11(2)(b) of the Act. He relies on the judgment of a Division Bench of the Andhra Pradesh in CIT v. Trustees of H.E.H. the Nizam's Charitable Trust [1981] 131 ITR 497/7 Taxman 178. He has lastly advanced submissions on the strength of the judgment of a learned Single Judge of the Madras High Court in A.M. Shamsudeen v. Union of India [2000] 244 ITR 266/103 Taxman 286. 6. After the learned counsel for the appellant had concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the building owned by her, which the assessee has taken on rent from her to accommodate the school. The learned Assessing Officer has held that no evidence was adduced before him that the amount had been utilised for the purpose it had been lent. He has further found that the amount was not spent over religious/charitable purposes and has been siphoned off. The findings of facts have been affirmed by the learned Commissioner as well as the learned Tribunal. The substance of the findings concurrently recorded by the three authorities is that it is a case of fraud, and the assessee, with the help of Smt. Shanti Rai, is engaged in draining the resources of the assessee, and thereby taking undue advantage of the benefit of exemption from pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) it calls for a discussion for alternative view. There is no scope for interference by the High Court with a finding recorded when such finding could be treated to be a finding of fact." In view of the position that the issues are concluded by concurrent findings of facts, no substantial question of law arises for consideration, the present appeal is not maintainable. 9. It appears to us from a perusal of the assessment order that, during the period in question and earlier periods, a sum of Rs. 29,15,855 was credited to the development fund of the assessee which were not voluntary contributions of the students at the time of their admission. The learned Assessing Officer further noticed that, during the earlier periods as well as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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