Case Details

Citation(s)
2005 SLG 2599 2005 SLD 2599 (2005) 277 ITR 260
Delhi High Court
IT APPEAL No. 644 OF 2005 AUGUST 24, 2005
T.S. THAKUR AND BADAR DURREZ AHMED, JJ.

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Director of Income Tax (Exemption)*

v.

Daulat Ram Education Society

Law:

Section:

Section 11 of the Income-tax Act, 1961 - Charitable or religious trust - Exemption of income from property held under - Whether so long as one or more of purposes specified by assessee, in Form No. 10 for which it had accumulated unspent income, find place in objects for which society has been incorporated and so long as said purposes are charitable in nature, benefit admissible under section 11 must flow to assessee - Held, yes CASE REFERRED TO CIT v. Hotel & Restaurant Association [2003] 261 ITR 190 (Delhi) [para 4]. R.D. Jolly for the Appellant. O.S. Bajpai for the Respondent. JUDGMENT CM No. 11169 of 2005 : 1. Heard. For the reasons stated in the application which is supported by an affidavit, the delay in filing of this appeal is condoned and the application disposed of. I.T.A. No. 644 of 2005 : 2. The only question which the revenue proposes to raise for the determination of this court is whether the Income-tax Appellate Tribunal was correct in law in granting exemption under section 11 of the Income-tax Act despite the fact that the assessee had not mentioned any specific purpose for accumulation of its income in Form No. 10 submitted by it. 3. Mr. Jolly, learned counsel for the revenue argued that the purposes specified in Form No. 10 were general and did not therefore constitute a sufficient compliance with the provisions of section 11(2) of the Act. He urged that in order to be eligible for the grant of the benefit under section 11, the assessee was required to specify in clear terms the purpose for which the income was being accumulated by it. This requirement, according to him, was not satisfied by the assessee in the present case as the purposes mentioned were of a general nature. 4. The Tribunal has placed reliance upon the judgment of a Division Bench of this court in CIT v. Hotel & Restaurant Association [2003]261 ITR 190. In that case also the assessee had…
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