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1 - 8 of 8 (0.71 seconds)Section 12A in The Income Tax Act, 1961 [Entire Act]
Section 11 in The Income Tax Act, 1961 [Entire Act]
Section 12 in The Income Tax Act, 1961 [Entire Act]
Sanjeevamma Hanumanthe Gowda ... vs Director Of Income Tax (Exemption) on 13 March, 2006
the original deed dated 17.05.2004 would not be utilised by
the trust for the purpose of achieving objectives of the trust.
There is a concurrent finding of fact by two authorities, to
the effect that the trust is engaged in various charitable
activities in terms of the objectives of the trust. It is clear
from the material on record that in terms of Clause 10 of the
trust deed, when particulars were sought for, the assessee
has specifically stated that they would take up Group
Housing Scheme to earn profits which would be the source
of income for carrying on the charitable activities. In the
absence of any material on record, the finding recorded by
the Commissioner, that because of such activities, the trust
is not genuine and it is a camouflage to suppress its
business activities and the said business is not incidental to
any of its objectives is contrary to the material on record and
cannot be accepted. As held by this Court in Sanjeevamma
Hanumanthe Gowda Charitable Trust's Case, what the
Commissioner has to look into is not the source of income of
the Trust but whether such income is applied for charitable
or religious purpose. The satisfaction of the Commissioner
should be regarding the application of the income of the
trust for the aforesaid purposes which only entitles the
assessee to claim exemption. For arriving at such
The Assistant Commissioner Of Income ... vs Thanthi Trust Etc. Etc on 31 January, 2001
8. Reliance is placed by the revenue on the judgment
of the Apex Court in the case of Assistant Commissioner of
Income Tax Vs. Thanthi Trust reported in (2001) ITR
(S.C.) 785, interpreting Sub-section 4 of Section 11 which
has held as under:
Section 4 in The Income Tax Act, 1961 [Entire Act]
Section 13 in The Income Tax Act, 1961 [Entire Act]
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