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Caste-based objects no bar for pre-1961 Act trusts – 1930 religious trust protected from s.13 bar entitled to Section 11 & 12 benefits

Case Law Details

TaxGuru Citation
2025 taxguru.in 9289
Case Name
DCIT (Exemption) Vs Mukund Bhavan Trust (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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DCIT (Exemption) Vs Mukund Bhavan Trust (ITAT Pune)

Revenue challenged CIT(A)–NFAC’s common orders dated 13-01-2025 granting exemption u/ss 11 & 12 to the Pune-based charitable trust Shri Mukund Bhavan Trust for A.Ys. 2017-18 & 2018-19. AO had assessed the trust as an AOP & denied exemption alleging violation of Sections 13(1)(c) & 13(2)(b) for leasing its property to specified persons & restricting benefits to a particular caste.

Background

The trust was founded on 10-02-1930 & registered u/s 12A on 25-03-1975. It runs religious & educational activities like Vedic teaching, Puja, providing food & scholarships to poor students. AO observed that the trust had leased three shops to a trustee & his heirs without adequate rent, holding this a benefit to specified persons under s. 13(3). He thus denied s. 11-12 exemption & assessed taxable income at ₹ 16.82 crore.

CIT(A)’s Findings

CIT(A) found that the issue was a legacy one from A.Y. 2010-11 & had been settled in assessee’s favour by ITAT Pune (orders dated 28-06-2017 & 29-04-2025) & affirmed by Bombay HC (05-08-2022).

He noted that clause 2 of the 1930 trust deed allowed trustees & their legal heirs to occupy certain premises without rent – a condition specifically saved by the proviso to s. 13(1)(c)(ii) for trusts created before the Act. The shops leased after a 1987 municipal re-structuring were part of the same original property survey no. 1158 (re-numbered 1105A/B). The trust actually paid some rent to itself, thus no benefit flowed to any person u/s 13(3). Accordingly, he restored the trust’s exemption u/ss 11-12 & status as a trust, not an AOP.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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