TaxTMI 
TaxTMI 
2023 (12) TMI 1259
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.... ready reference:- 1. That the action of the Ld. CIT(A) holding that the Appellant Association's activities amount to Trade, Commerce or business based on its receipts and income is arbitrary, contrary to the facts on record, directly in conflict with the judgment of the Hon'ble Supreme Court in the case of Asstt. Commissioner of Income tax (E) vs. Ahmedabad Urban Development Authority and hence not sustainable. 2. That the Appellant Association being engaged in the . advancement of object of general public utility was entitled to claim exemption since the amount charged by it for rendering services to its members and non-members were on cost to cost basis and was not significantly higher as stated in the judgement of the Supreme Court (supra) and hence the CIT(A) erred in not having appreciated such entitlement of exemption. 3. That the CIT(A) and the A.O. erred in not appreciating that out of the total revenue of Rs. 16,09,69,613/-, the revenue of Rs. 2,06,23,114/- was the receipt from the members of the Appellant Association, which is not chargeable to tax on the ground of mutuality. 4. That the major part of the income/receipt by way ....
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....ing/accruing interest on deposits pursuant to Section 11(5)(b) of the Act and receiving rentals from properties held by the assessee company. The assessee claimed exemption u/s 11 of the Act thereby claiming exemption of income arising out its activities on the ground that trust i.e. the assessee company was not involved in carrying out any activities in the nature of rendering service in relation to trade, commerce and industry for cess or fee or any other consideration. The AO during the course of assessment proceedings observed that the activities of the trust are hit by proviso to section 2(15) read with Section 13(8) of the Act and therefore the exemption u/s 11 of the Act would not be available to the assessee as the activities of organizing meetings, conferences and various seminars constituted business activity and also the fact that the receipt of assessee from these activities exceeded Rs. 25.00 Lacs in terms of proviso to Section 2(15) of the Act. Accordingly, exemption u/s 11 of the Act was denied on the impugned activities by the AO by dichotomizing and bifurcating the total receipt into two components namely business income and charitable receipts/income u/s 11 of the....
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....uthority for rejecting the claim of the assessee u/s 11 of the Act on the ground that the activity of organization i.e. by holding that organizing the meetings, conferences and seminars are business activities and not charitable ones. The Ld. A.R ,while referring to the provisions of Section 2(15) of the Act, argued that the activities of the assessee certainly fall within the ambit of advancement of any other general public utility and is not effect by proviso to Section 2(15) of the Act mainly for the reason that the receipts from the said activities exceeded 25.00 Lakhs during the impugned year. The Ld. A.R contended that the activities of the ICC are incidental to the attaining of its principal object i.e. to promote and protect the trade, commerce and industry in or with which Indians are engaged or concerned. The Ld. A.R stated that the assessee is not carrying on any of the activities which can be treated as rendering of any service or services in relation to trade, commerce or industry for cess or fee or any other consideration by distinguishing the decision relied upon by the ld CIT(A) of the Hon'ble Apex Court in the case of ACIT (Exemption) vs. Ahmedabad urban Developmen....
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....Rs. 21,99,772/- and taxed at the rate applicable to the companies whereas in AY 2014- 15 a loss of Rs. 77,87,698/- was computed. 6. The ld AR argued that similarly the Ld. CIT(A) enhanced the assessment by issuing show cause notice u/s 251(2) of the Act alleging that the entire activity of the assessee has to be considered as business and the total surplus appearing in income and expenditure account shall be taxable as business income thereby rejecting the bifurcation by the AO into business and charitable receipts and thus rejected the exemption u/s 11 of the Act. The Ld. A.R therefore submitted that according to Ld. CIT(A) the said bifurcation total receipts into business income and charitable income is not as per the provisions of Act and therefore liable to be taxed as a normal business income. In doing so, the Ld. CIT(A) relied on the decision of Hon'ble Apex Court in the case of ACIT (Exemption) vs. Ahmedabad Urban Development Authority (supra). The Ld. A.R contended that both the authorities below i.e. the AO as well as Ld. CIT(A) have completely gone on the wrong footings by treating the activities of the assessee qua holding meetings , conferences and seminars simply to....
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.... holding meetings, seminars cannot be treated as commercial activity. In defense of arguments, the Ld. A.R referred to the decision of Hon'ble Apex Court in the case of ACIT (Exemption ) vs. Ahmedabad Urban Development Authority (supra). The Ld. A.R. further submitted that sponsorships received by them by conducting seminars, meetings and conferences are to promote and protect trade, commerce and industries and not to carry out any business as has been held by the Hon'ble Apex Court. The Ld. A.R vehemently argued that since the activities of the assessee as are carried out are only and only incidental and subservient to the attainment of main object of the assessee ,therefore the assessee has been is eligible and entitled to exemption u/s 11 of the Act as the same falls under proviso to section 2(15) of the Act. In defense of his arguments, the ld counsel relied on the decision of Co-ordinate Bench in the case of ITO (Exemption) vs. Escorts Cardiac Disease Hospital Society, Escorts Heart Institute and Research ITA NO. 6439/Del/2015. The Ld. A.R while reiterating his arguments referred to decision of Hon'ble Apex Court in the Case of ACIT (E) vs. Ahmedabad Urban Development Authorit....
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....zed into general meetings and conferences wherein there was no restriction to any industrial, trading or business organizations to participate. In other words, all types of industrial, trading or business organizations are allowed to participate depending upon their needs and place of interests. The Ld. A.R also submitted that the assessee has neither conducted any such paid workshops, training courses or skill development courses certified by it. The assessee has only organized meetings, seminars and conferences on particular subject matter which is required to be discussed for awareness amongst the organizations on the topics/subject matter of the meetings, seminars which are MSME amendments, foreign trade policy and others. The Ld. A.R submitted that the assessee has not received any rental income or any other consideration for letting out or to advertise the businesses of the organizations participating in the meetings, seminars or conferences. 8. The second limb of argument of A.R is that the issue involved in the present year is squarely covered by the decision of Co-ordinate Bench in assessee's own case for AY 2008-09 and 2009-10 in ITA No. 1491/Kol/2012 & 1284/Kol/2012 w....
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....isting trading organizations can be said to be involved in advancement of objects of general public utility. However, if such organizations provide additional services such as courses meant to skill personnel, providing private rental spaces in fairs or trade shows, consulting services, etc., then income or receipts from such activities, would be business or commercial in nature. In that event, the claim for tax exemption would have to be again subjected to the rigors of the proviso to Section 2(15) of the Act. The Ld. A.R vehemently submitted that this is not a scenario in the case of assessee as main object of the assessee has been to promote and protect the trade, commerce and industries and the assessee has not provided additional services such as courses meant to skill personnel, providing private rental spaces in fairs or trade shows, consulting services, etc. and therefore since no such business activity is carried on by the assessee ,the proviso to Section 2(15) of the Act is not applicable to the assessee. 10. The Ld. A.R further submitted that members subscription fees is also part of the receipts which has been treated as business income. The Ld. A.R submitted that me....
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....e sections and receipts therefrom are eligible and entitled to exemption u/s 11 of the Act. 12. The Ld. D.R on the other hand relied heavily on the order of Ld. CIT(A) and submitted that the activities of the ICC are in the nature of business or commerce as the ICC has been charging in the form of sponsorships for organizing the meetings, seminars and conferences and therefore constitute business activities specially post introduction of proviso to Section 2(15) of the Act. The Ld. D.R submitted that in the present case the condition as provided in the said proviso has been breached by the assessee as turnover from the receipts by ICC from organizing such meetings, conferences and seminars exceeded Rs. 25.00 Lacs and therefore the exemption u/s 11 was rightly denied by the Ld. CIT(A). On the issue being covered by the decision of Co-ordinate Bench in the assessment year 2009-10, the Ld. D.R submitted that mere fact that the decision of Tribunal has attained finality and has not been challenged before the High Court would not be bar on the revenue from taking the subsequent appeals to the High Court. The ld DR argued that if the revenue has committed a mistake in one year by not ....
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....e expenses incurred by the ICC proportionately in the ratio of quantum of business income/receipts and charitable income/receipts. We also note that during the year the AO calculated the profit from business of Rs. 21,99,772/- in A.Y. 2013-14 and taxed accordingly whereas the AO computed loss of Rs. 77,87,698/- in A.Y.2014-15. Thus, the exemption claimed by the ICC u/s 11 of the Act was allowed to the assessee only in respect of interests , rental and miscellaneous income. In the appellate proceedings, the Ld. CIT(A) enhanced the income after issuing show cause notice u/s 251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether the assessee is hit by the proviso to Section 2(15) of the Act as amended w.e.f. A.Y. 2009-10 or the assessee is still eligible and entitled to exemption u/s 11 of the Act. In order to better understand the provisions section 2(15) of Act as applicable at relevant point of time, the same is r....
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.... of organizing meetings, conferences and seminars are only attainment of and in support of main object of the assessee. The assessee in order to protect and promote trade, commerce and industry has been organizing the activities of seminars, meetings and conferences in order to disseminate knowledge on specialized issues to members and non members on the subject with specialized knowledge. During such events the experts on the subjects are invited to speak on the occasion and also participative discussion and interactions are held during such meetings, conference and seminars. So that the members and non-members are invited from such activities of the assessee. We also observe that the assessee is not organizing any trading programs to impart skill development courses by specialist and skilled knowledge and certified courses but general meetings, conferences and seminars are organized to discuss and debate, issues in current topics, amendments of Income Tax Act, MSME Act, Foreign Trade Policy and other issues having concerns for trade, commerce and industries. So that the interest of trade, commerce and industries are promoted and protected. The AO treated the receipts from organiz....
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....rative expenses on a rational and scientific basis between the activities of holding meetings, seminars and conferences on the one hand and other charitable receipts such as interest, rental and misc. income on the other , then there would be huge loss from these activities of organizing and holding meetings, seminars and meetings meaning thereby that the assessee has not been even charging from these sponsors, participants, members or non-members which are barely enough to cover the cost of the ICC and therefore it can be reasonable presumed that ICC has provided these activities even below the cost. We note that in the subsequent assessment year 2014-15 , the AO has computed the loss of Rs. 77,87,698/-. In view of this factual matrix , we are inclined to hold that the ICC is not carrying on any activity of holding meetings, seminars and conferences for business purpose but only in support its main object and it charges from its participants, members and non-members the amount of fee which does not even covers the cost of holding such events. So much so that the administrative and other incidental expenses of holding and organizing such seminars, conferences and meetings are met o....
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.... Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity;" The rationale for bringing this proviso can be understood by referring to the relevant portion of the Memorandum explaining the provisions in the Finance Bill, 2008 reported in 298 ITR (St) 2000-01 which reads as under: (Clause 3) "It has been noticed that a number of entities operating on commercial lines are claiming exemption on their income either under section 10(23C) or section 11 of the Act on the ground that they ware charitable institutions. This is based on the argument that they are engaged in the "advancement of an object of general public utility" as is included in the fourth limb of the current definition of "charitable purpose". Such a claim when made in respect of an activity carried out on commercial lines i....
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....pply in respect of the first three limbs of section 2(15), i.e., relief of the poor, education or medical relief. Consequently, where the purpose of a trust or institution is relief of the poor, education or medical relief, it will constitute 'charitable purpose' even if it incidentally involves the carrying on of commercial activities. 2.2 'Relief of the poor' encompasses a wide range of objects for the welfare of the economically and socially disadvantaged or needy. It will, therefore, include within its ambit purposes such as relief to destitute, orphans or the handicapped, disadvantaged women or children, small and marginal farmers, indigent artisans or senior citizens in need of aid. Entities who have these objects will continue to be eligible for exemption even if they incidentally carry on a commercial activity, subject, however, to the conditions stipulated under section 11(4A) or the seventh proviso to section 10(23C) which are that i) the business should be incidental to the attainment of the objectives of the entity, and ii) separate books of account should be maintained in respect of such business. Similarly, entities whose object is 'educatio....
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....ch a case, the object of 'general public utility' will be only a mask or a device to hide the true purpose which is trade, commerce or business or the rendering of any service in relation to trade, commerce or business. Each case would, therefore, be decided on its own facts and no generalization is possible. Assessee, who claim that their object is 'charitable purpose' within the meaning of Section 2(15), would be well advised to eschew any activity which is in the nature of trade, commerce or business or the rendering of any service in relation to any trade, commerce or business. 33. From the Memo Explaining the provisions of Finance Bill 2008 & CBDT Circular dated 19-12-2008, what will be position of an entity engaged in the 'advancement of any other object of general public utility', whether the same will be hit by commercial activities in view of the newly inserted proviso to section 2(15) of the Act or not? The proviso was introduced with the sole aim of bringing into ambit of taxation such entities which were engaged in commercial activities. Here, we need to appreciate the concept of an "entity engaged in commercial activities". In very simple words, any entity who....
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....s or any activity of rendering any service in relation to any trade, commerce or business. We will analyse the term "business" from the definition of the term 'business' as defined in section 2(13) of the act and whether assessee's activities falls within the terminology of "business". The term "Business" read as under:- "2. Definitions: ... ... ... (13) "business" includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture" The word "Business" is of large and infinite import. Section 2(13) defines business to include any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture. The intention of the legislature is to make the definition extensive as the term "includes" has been used. The legislature has deliberately departed from giving a definite import to the term "business" but has made reference to several other general terms like "trade", "commerce", "manufacture" and "adventure or concern in the nature of trade, commerce and manufacture". The term "business" has been explained by various judicial decisions and the landmark decision of the Ho....
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....ty and regularity of transactions of purchase and sale in a class of goods and the transactions must ordinarily be entered into with a profit motive (Board of Revenue v. A. M. Ansari (1976) 38 STC 577 (Supreme Court); (1976) 3 scc 512). Such profit motive may, however, be statutorily excluded from the definition of 'business' but still the person may be 'carrying on business." Further in para 30 of the same judgment, it is stated thus: "30. In our view, if the main activity was not 'business', then the connected, incidental or ancillary activities of sales would not normally amount to 'business' unless an independent intention to conduct 'business' in these connected, incidental or ancillary activities is established by the Revenue. It will then be necessary to find out whether the transactions which are connected, incidental or ancillary are only an infinitesimal or small part of the main activities. In other words, the presumption will be that these connected, incidental or ancillary activities of sales are not 'business' and the onus of proof of an independent intention to do 'business' in these connected, incidental and ancillary sales will rest on the department. If, for examp....
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....ith a profit motive. The AO and CIT(A) in their orders relied upon the following judicial decisions: * Barendra Prasad Ray v. Income-tax Officer (129 ITR 295) SC * Commissioner of Income-tax v. Dharma Reddy (A) (73 ITR 751) SC * Sole Trustee, LokaShikshana Trust v. Commissioner of Income-tax (101 ITR 234 SC) We have already discussed the case law of Hon'ble Delhi High Court in the case of PHD Chamber of Commerce &Industry(Supra), wherein very categorically held that activities and services performed for a fee or against a payment, by a trade, professional or similar association, such as a chamber of commerce and industry could not be held to be "business" in nature carried out with a profit motive. From all the above what thus transpires is that it is the primary or dominant purpose of the institution, which must be charitable. Where the main activity is "charitable" then the activities which are incidental or ancillary to the main activity, even if carried out for profit, would not mitigate or change the "charitable" character of the institution. Thus in the cases of many professional institution whose main activity is not "business", the co....
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....ms of proper development of business in India that the assessee was taking the said ancillary steps. The said activities were not carried out independent of the main purpose of the association of the institution being the development and protection of trade. There was no independent profit motive in any of the said activities. The surplus arising out of the same was merely incidental to the main object to charity. The majority of the receipts in the said activities were out of the sponsorships and donations. The expenses incurred on the said activities as and when incurred were all separately debited to the said accounts and the balance was shown as surplus over receipts. Thus in view of the above it is clear that the alleged activities were all merely incidental to the main object of the assessee and the predominant object of the association being the promotion development and protection of trade and commerce which is an object of general public utility, it can never be the case that it is engaged in "business, trade or commerce" or in any "service in relation to business, trade or commerce." The individual nature and purpose of the specific activities, it is stated that the activ....
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....idental entry into the political domain for achieving that purpose, e.g. promotion of or opposition to legislation concerning that purpose, was contemplated." It was only for the purpose of securing its primary aims that it was mentioned in the memorandum of association that the Chamber might take steps to urge or oppose legislative or other measures affecting trade, commerce or manufactures. Such an object ought to be regarded as purely ancillary or subsidiary and not the primary object." In connection to the above case it is laid out the said case dealt with the assessment of the assessee in the A.Ys 1948-49 to wherein relevant to the said AYs 948-49 to 1952-53, by the last paragraph of subsection (3) of the IT Act, 1922", charitable purposes" was defined as "... .. In this sub-section "Charitable purpose" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but nothing contained in clause (i) or clause (ii) shall operate to exempt from the provisions of this Act part of the income from property held under a trust or other legal obligation for private religious purposes which does not enure for....
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.... activity of a person is not trade, commerce etc., ordinarily incidental or ancillary activity may not come within the meaning of "business". In the recent decision which deals specifically with the newly amended section 2(15) of the Act, in the case of Institute of Chartered Accountants of India v. Director General of Income-tax (Exemptions) [2012] 347 ITR 0099 Del HC, laying down the very same principle it was again laid: "that the fundamental or dominant function of the Institute was to exercise overall control and regulate the activities of the members/enrolled chartered accountants. A very narrow view had been taken that the Institute was holding coaching classes and that this amounted to business." Again, Hon'ble Bombay High Court in the WP of Baun Foundation Trust (Writ Petition No. 1206 of 2010 in the High Court of judicature At Bombay 27 March 2012) it was held that "4... It is a well settled position in law that the dominant nature of the purpose for which the trust exists has to be considered. The Chief Commissioner has not doubted the genuineness of the trust or the fact that it is conducting a hospital." Thus from all th....
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....t to a business or otherwise. Section 28(iii) constitutes certain income of the association to be business income without affecting the scope of the exemption under Section 11. Section 2(15) which incorporates the definition of "charitable purposes" simply shows that several mutual associations may also fall within the definition. The receipts derived by a chamber of commerce and industry for performing specific services to its members, though treated as business income under Section 28(iii) would still be entitled to the exemption under Section 11 r.w.s. 2(15) of the Act, provided there is no profit motive. Thus, assessee being a charitable Institution carrying on the object of promotion and development of trade and commerce and which is not involved in the carrying on of any activity in the nature of "business", the said section 28(iii) of the Act does not apply. 38. In view of the above discussion, we are of the considered view that in the given facts and detailed reading of the various judicial decisions through the years, interpreting the definition of "charitable purpose" as laid out in section 2(15) of the Act and also the definition of "business" in relation to the....
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....line in following the decision of the Tribunal while adjudicating the case of the assessee. In our considered view the assessee is eligible and entitled to claim exemption u/s 11 of the Act in respect of its entire receipts. Therefore for this reason alone the order of ld. CIT(A) has to be and cannot be sustained. 18. Besides the assessee has received subscription fee from the existing member on annual basis as well as admission fee from new members as entrance fee which is not an income eligible to tax by virtue of principle of mutuality which means that there exists no difference between two persons (i.e. they are one and the same) and a person cannot make profit from himself. The Hon'ble Apex Court in the case of Secunderabad club vs. CIT (supra) has dealt with the principle of mutuality and thus the relevant part is extracted below: "31. While considering the triple test for applying the principle of mutuality, we find that in the case of Bangalore Club [2013] 350 ITR 509 (SC), the aforesaid triple test was applied. It was reiterated that the principle of mutuality envisages: i) Complete identity between the contributors and participators; ii) Acti....
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....accumulation of income of the trust to the extent of 15% of the gross receipts in perpetuity. In other words , the institution can retain 15% from the application of income without applying for charitable purpose in which accrued meaning thereby that 15% is indefinite accumulation and the assessee is not obliged to apply the same in subsequent years and can be retained as part of the corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested in terms of the said section. So the ld CIT(A) has erred in treating the same as taxable income. But in any case we have allowed the main contentions of the ICC by allowing exemption u/s 11 of the Act on the entire receipts of the ICC as discussed supra. 20. Considering the above facts and ratio laid by the various judicial forums , we set aside the order of ld CIT(A) and direct the AO to allow exemption u/s 11 of the Act in respect of entire receipts/income. Consequently ,the grounds no. 1to 5 are allowed. 21. Issue raised in ground no. 6 and 7 i....
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....A) and direct the AO to allow the depreciation on fixed asset as application of income/expenses. Accordingly ground nos. 6 and 7 are allowed. 25. Issue raised in ground no. 8 is against the confirmation of addition of Rs. 1,95,000/- by ld CIT(A) as made by AO by treating the sale value of motor car as income on the ground that the cost of car has been treated allowed as application of income when the car was purchased. 26. Facts in brief are that during the year the assessee has sold old motor car for a consideration of Rs. 1,95,000/- and purchased a new car of Rs. 14,49,732/-. The assessee has reduced the sale consideration from the fixed asset, however the AO rejected the same and treated the entire sale consideration as income by holding that the entire cost of car has been claimed as application of income in the year of purchase and thus the assessee was not entitledto reduction of cost of car from the sales consideration for the purpose of calculation of capital gain in the instant year which according to the AO would amount to double deduction. 27. The Ld. CIT(A) affirmed the order on this issue by holding that there is no opening WDV for this year. 28. After hear....
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....s been held that statutory accumulation u/s 11(1)(a) has to be computed on the gross receipts of the assessee. The relevant extract of the decision held as under: "A mere look at section 11(1)(a ) as it stood at the relevant time clearly shows that out of the total income accruing to a trust in the previous year from property held by it wholly for charitable or religious purposes, to the extent the income is applied for such religious or charitable purpose, the same will get out of the tax net but so far as the income which is not so applied during the previous year is concerned, at least 25 per cent of such income or Rs. 10,000, whichever is higher, will be permitted to be accumulated for charitable or religious purpose and it will also get exempted from the tax net. Then follows sub-section (2) which seeks to lift the restriction or ceiling imposed on such accumulated income during the previous year and also brings such further accumulated income out of the tax net if the conditions laid down in section 11(2) are fulfilled. The contention that the investment as contemplated by section 11(2)(b) must be investment of all accumulated income in the Government securities, etc....
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..... 10,000 or 25 per cent of the total income from property, whichever is higher, is given exemption from income-tax by section 11(1)(a) itself. That exemption is unfettered and not subject to any conditions. In other words, it is an absolute exemption. If sub-section (2) is so read as suggested by the revenue, what is an absolute and unfettered exemption of accumulated income as guaranteed by section 11(1)(a) would become a restricted exemption as laid down by section 11(2). Section 11(2) does not operate to whittle down or to cut across the exemption provisions contained in section 11(1)(a) so far as such accumulated income of the previous year is concerned It has also to be appreciated that sub-section (2) of section 11 does not contain any non obstante clause like 'notwithstanding the provisions of sub-section (1)' Consequently, it must be held that after section 11(1)(a) has full play and if still any accumulated income of the previous year is left to be dealt with and to be considered for the purpose of income-tax exemption section 11(2) can be pressed in service and if it is complied with then such additional accumulated income beyond 25 per cent or Rs. 10,000, whichev....
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....ccumulated income out of Rs. 55,000 that is Rs. 35,000 if not invested as per sub-section (2) of section 11 would be added to the taxable income of the trust and would not get exempted from the tax net. (v) If on the other hand, the entire remaining accumulated income of Rs. 55,000 was wholly invested as per section 11(2) the said entire amount of Rs. 55,000 will get exempted from the tax net. Therefore, the appeal was dismissed." 32.1. Similarly in the case of CIT vs. Programme for Community Organization [2001] 116 Taxman 608 (SC) wherein it has held that the accumulation u/s 11(1)(a) has to be computed on the gross income by observing and holding as under: "3. The question that really required consideration is whether, for the purposes of section 11(1)(a) of the Income Tax Act, 1961 ("of the Act), the amount for the grant of exemption of twenty five percent should be the income of the trust or it should be its total income determined for the purposes of assessment to income tax. This question has to be answered in the light of these facts the assessee trust, received donations in the aggregate sum of Rs. 2,57,376/- It applied thereof for its charitab....