9911796707
TMI Blog2025 (5) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee seeking approval u/s 80G(5)(iii) of the Act was filed in prescribed Form No. 10AB of the Income-tax Rules, 1962 (in short 'the Rules') but rejected by Ld. CIT(E) by way of impugned order for the following reasons : (i) The loan of Rs. 14,45,00,000/- including loan of Rs. 7,95,00,000/- bearing interest @ 11.5% from specified persons claimed to have taken for the purpose of paying rent of Rs. 10.42,09,629/- liability, was actually deployment of the excess fund by the related party i.e. M/s Shapoorji Pallonji & Company Pvt. Ltd. trust with intention to earn interest income, therefore, the transaction was in violation of provision of section 13(2)(a) of the Act. (ii) The assessee trust was having one of the object for providing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in FY 2018-19 whereas the need to pay the rent arose only from 18.01.2022 as stated by the assessee itself in its submission made on 19.09.2024. There does not appear any rational behind taking such a huge amount of loan in FY 2018-19 or before for a purpose which would arise only after 3-4 years i.e. from 18.01.2022 and which kept incurring a hefty amount of interest for the assessee trust. For a charitable entity like the assessee's, it cannot be justified to make expenses in the form of interest payment on loans which is to be used for rent payment in future course of time whereas the same money could be utilized on charitable purpose. It is noticeable that total loan taken by the assessee trust for the purpose of paying rent is Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is to do charitable activities and the money used for paying interest could have been used for charitable purposes." 3. We have heard rival submissions of the parties and perused the relevant materials on record. The first issue in dispute is regarding the violation of section 13(2) of the Act which prescribe that where any property or income of the trust is applied for the benefit of the related party, the assessee is not entitled for benefit of registration including 80G of the Act. On verification of the facts it is found that the assessee trust obtained loan of Rs. 7,95,00,000/- bearing interest @ 11.5% from M/s Shapoorji Pallonji & Company Pvt. Ltd. and loan of Rs. 6,50,00,000/- from individual Mr. Pallonji. The contention of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich are available on Paper Book page 24 to 50. A summary of the loan transaction with their application and copy of the general ledger showing the application of the loan on expenses incurred object of the trust has been filed first time before us as additional evidence. In the case, the Ld. CIT(E) has pointed out that liability of the payment of the rent arose in the year under consideration whereas loans have been taken from AY 2018-19 onwards but the assessee has contended that loan had been availed for meeting charitable expenses of the trust in view of deficit in revenue. Since, the above documents filed are crucial and important for examining this issue of the application of the loans for incurring expenses on charitable purposes. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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