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Exemption u/s 11 denied as surplus utilized in violation of section 13
Case Law Details
- Case Name
- Nabadigant Educational Trust Vs ITO (ITAT Cuttack)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-2010 and 2011-2012
- Courts
- All ITAT, ITAT Cuttack
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Nabadigant Educational Trust Vs ITO (ITAT Cuttack)
Held that the assesee’s funds/surplus has been utilised and diverted in violation of several provisions of Section 13(1) & 13(2) of the Act. Exemption u/s 11 denied.
Facts-
The appellant is a trust registered u/s.12A and 80G of the Income Tax Act, 1961. Assessment order u/s.143(3) of the Act was passed on 30.12.2011. The appellant claimed exemption u/s.11 & 12 of the Act. The AO doubted the genuineness of the activities of the trust and invoked section 13 of the Act and denied benefit u/s.11 of the Act by taxing the total surplus as ...
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