2025 (4) TMI 2014

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....Smt.Leena Lal, Sr.AR ORDER PER INTURI RAMA RAO, AM : This appeal at the instance of the assessee is directed against National Faceless Assessment Centre / Commissioner of Income-tax (Appeals) ["CIT(A)"] order dated 04.09.2024 passed u/s.250 of the Income-tax Act, 1961 ["the Act"] for the assessment year 2016-2017. 2. Briefly the facts of the case are that the appellant is a society dul....

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.... with the emphasis on development and furtherance of spirituality and philosophy. Therefore, the AO was of the opinion that since the donation was made for the trust which has no object of educational activities, the donation cannot be treated as application of income and assessed the same to tax. 3. Being aggrieved by the above assessment order, an appeal was filed before the CIT(A), who vide ....

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....er charitable trust as non-application of income for the reason that the donee-trust had failed to apply its income for the charitable purposes. 5. On the other hand, the learned Senior Departmental Representative by placing reliance on the orders of the lower authorities submits that the orders passed by the AO as well as the NFAC are speaking orders and no interference is called for therein. ....

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.... of the Madras High Court in Thanthi Trust was ratified by the Hon'ble Supreme Court in (1999) 239 ITR 502 (SC). Similarly, the issue also stands settled by the decision of the Hon'ble Supreme Court in the case of Aditanar Educational Institution v. Addl.CIT (1997) 224 ITR 310 (SC). The same view taken by the Hon'ble Delhi High Court in the case of CIT v. Shri Ram Memorial Foundation (2004) 269 IT....