2008 (12) TMI 374

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.... the appellant. T.M. Sreedharan and V.P. Narayanan for the respondent. JUDGMENT The judgment of the court was delivered by C. N. Ramachandran Nair J.- The common question raised in the two appeals filed by the Department for the assessment years 1993-94 and 1994-95 is whether the Tribunal was justified in granting exemption on the expenditure incurred by the assessee by way of advance ....

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....es and, therefore, the advance for purchase of cement is in the form of application of funds for charitable purpose. On the other hand, the Departmental representative referred to the findings of the Assessing Officer and of the first appellate authority and contended that even at the time of hearing the appeal in 2000, the assessee could not adduce any evidence for concrete steps taken for constr....

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....ation of funds for religious purposes. 3. We are unable to uphold the order of the Tribunal because the Tribunal allowed the claim just based on an affidavit filed by the trustee that the funds advanced will be utilised for the purchase of cement later. There is nothing wrong in advancing funds for purchase of cement, if the cement is to be utilised for construction purpose for the trust. Howev....