9911796707
TMI Blog2012 (9) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee trust claimed and was granted exemption. Its main objects are promotion of artistic and cultural expression through dramas, music and education etc. in its own auditorium. For the relevant assessment year 2008-09 it returned a total income of Rs. 1,67,83,000/-. It incurred expenditure of Rs. 23 lakhs towards repairs and maintenance and other running expenses in the maintenance of the building. 'Nil income' return was filed on account of the fact that receipts were exempted. The assessment order inter alia ruled that the expenditure towards donation (Rs. 23 lakhs) made to other trust was inadmissible and that since the respondent-assessee did not carry out any charitable activity but merely let out its premises to other organizatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on paid to certain parties. Your goodself had observed that one the basis of above it appears that there is absence of any philanthropic and charitable activities on the part of the trust. In this connection we are have to submit that our was formed as Charitable Trust in 1958. It was duly registered u/s 12A vide Registration no. DLI(C)(T-422) Dt. 9/2/1977. The trust is the owner of an auditorium constructed at plot measuring 0.603 Acres situated on Barakhamba Road (opposite Mandi House) i.e. 4, Safdar Hashmi Marg, New Delhi. The trust is using the Auditorium for carrying on charitable purposes. Object of the Trust is to promote artistic and cultural expression through drama, music, education cognate activities. Accordingly the Auditoriu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oleman. That cannot be termed as unreasonable. In view of the fact that the previous orders in which the claim for the assessee to be a charitable trust was upheld, we do not see any reason to interfere with the impugned order in this aspect. As far as second question i.e. donation of Rs. 23 lakhs is concerned, this Court noticed that the same has not been urged on behalf of the revenue in its appeal. Nevertheless this aspect is covered by the previous ruling in ITR 134/1986 dated 13.11.2007. The Court observed in that judgment as follows : "11. As far as the third question is concerned, on examining the orders passed by the authorities, in which the objects of both the Assessee Trust as well as the Shriram Centre for Art and Culture have ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
