1980 (2) TMI 104 - AT - Income Tax

Trust entitled to tax exemption under Income Tax Act; partnership income unrelated to charitable objects upheld.

The trust was found entitled to exemption under section 11 of the Income Tax Act as its partnership income had no direct connection with its charitable ... - Issues:1. Whether the assessee trust is entitled to exemption under section 11 of the Income Tax Act.2. Whether the activity of the assessee trust as a partner in a firm constitutes an activity for profit.Analysis:1. The judgment deals with four appeals by an assessee trust regarding its assessment for the assessment years 1972-73 to 1975-76. The trust was created under a Deed of Trust, and the main income of the trust is a share of income from a partnership firm. The Income Tax Officer (ITO) held that the trust was carrying on an activity for profit and, therefore, not entitled to exemption under section 11, relying on Supreme Court decisions. The Appellate Tribunal noted that one of the trust's objects is general public utility and that the trust utilized the profits for charitable purposes. The Tribunal held that the trust is entitled to exemption under section 11 as the partnership income has no direct connection with the trust's charitable objects, and the trust's business activities are carried out for charitable purposes.2. The Appellate Tribunal considered whether the activity of the assessee trust as a partner in the firm constitutes an activity for profit. The trust argued that the partnership income was utilized for charitable objects and should not be considered an activity for profit. The Departmental Representative contended that the trust's partnership involvement yielded profits, indicating an activity for profit. The Tribunal held that even though the trust can be said to carry on business, the profits were utilized for charitable objects, and the partnership income had no direct connection with the trust's charitable objectives. Therefore, the Tribunal directed the Income Tax Officer to treat the income of the trust as exempt under section 11, following the Supreme Court's decision in a relevant case. As a result, the appeals of the assessee trust were allowed.