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Charitable trust was denied exemption u/ss 11 and 12 due to disallowance of salary/honorarium paid to trustees u/s 13(1)(c) read with Section 13(3) and 164(2), invoking Section 40A(2)(b) as unreasonable payment. Assessee claimed trustees were qualified and remuneration was commensurate with services rendered. ITAT held that Assessing Officer admitted trustees' qualifications and failed to substantiate excessive remuneration by producing comparable cases. Remuneration was accepted in earlier years. Facts remained unchanged. Department failed to distinguish observations from earlier favorable orders. ITAT dismissed department's appeals, upholding allowability of trustees' remuneration for exemption.
Charitable trust was denied exemption u/ss 11 and 12 due to disallowance of salary/honorarium paid to trustees u/s 13(1)(c) read with Section 13(3) and 164(2), invoking Section 40A(2)(b) as unreasonable payment. Assessee claimed trustees were qualified and remuneration was commensurate with services rendered. ITAT held that Assessing Officer admitted trustees' qualifications and failed to substantiate excessive remuneration by producing comparable cases. Remuneration was accepted in earlier years. Facts remained unchanged. Department failed to distinguish observations from earlier favorable orders. ITAT dismissed department's appeals, upholding allowability of trustees' remuneration for exemption.
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