2018 (5) TMI 1277

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.... ADV. MR. P. JHUNJHUNWALA, ADV. FOR THE RESPONDENT : MR. VARUN KEDIA, ADV. MR. K. MAJUMDER, ADV. ORDER The Court : The Revenue seeks to question the propriety of an order passed by the Appellate Tribunal which has allowed donations to be made by the assessee charitable trust to another charitable trust. According to the Revenue, Sections 11 to 13 of the Income Tax Act, 1961 do not permit the in....

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....her, the Appellate Tribunal found, as a matter of fact, that the Revenue had not questioned the propriety of the donation or even asserted that the funds of the trust had been diverted by such process. The Appellate Tribunal appropriately held that the true intention of Section 13(1)(c) of the Act was to ensure that the funds of an entity granted a special exemption are not misapplied or diverted ....