Market Committee,, Karnal vs Assessee on 6 July, 2009
He also relied on the judgement of Hon'ble A.P. High Court in the case of CIT vs.
Nizams Suppl.
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Commissioner Of Income Tax vs Trustees Of H.E.H. The Nizams ... on 17 September, 1984
M/S Ursuline Franciscan Congregation , ... vs The Income Tax Officer (Exemption) ... on 23 August, 2021
6. The contention of the assessee is that the word "Applied" does
not necessarily mean "Spent". However, it is the duty of the
assessee to show that the amount has actually been 'allocated to or
earmarked for a charitable purpose in consonance with the objects
of the Trust, even though the actual payment may be made later.
We find support for this proposition in the case of CIT Vs. Nizams
Trust 131 ITR 497. For example, a trust may purchase a vehicle
before the end of the financial year, but actual payment be made
subsequently. In this example, if the trust earmarks or allocate its
funds towards payment of vehicle cost, it may be considered as
having been "applied".
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