Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

2018 (5) TMI 1269

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s in appeal against the judgement of the Income Tax Appellate Tribunal dated 14.09.2017 raising following questions for our consideration: "1. Whether on the facts and circumstances of the case, the Appellate Tribunal was justified in allowing the exemption u/s. 11 & 12 of the Act holding that the assessee has not violated provisions of section 13(3) of the Act? 2. Whether on the facts and ci....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt fund of Rs. 32,69,000/- without appreciating the fact that once the provisions of section 13(3) is applicable the benefit of section 11 and 12 can be allowed further? 6. Whether on the facts and circumstances of the case, the Appellate Tribunal was justified in allowing expenditure on donation of Rs. 48,73,831/- without appreciating the fact that once the provisions of section 13(3) is appli....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y, in view of sub-section (3) of section 13, income of the trust would not qualify for exemption. The Assessing Officer therefore, disallowed such exemption for the rest of the income of the trust also. 3. We would first address the question of payment of rent to the trustees or their HUF. Respondent-assessee is a trust running a school at Gandhinagar. For the period relevant to the assessment 20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ation report obtained from the government approved valuer. As per this report, the valuation of the NA land was Rs. 9.10 crores and the value of construction would come to Rs. 13.08 crores. Thus, a total amount of valuation of land and building came to Rs. 25.66 crores. It was pointed out that the current fair market value of the property would come to Rs. 36.28 crores and the rent had been valued....