No Section 11(1) Exemption for Memento Expenses to Milk Association Heads

ACIT Vs MYMUL Raitha Kalyana Trust (ITAT Bangalore)

Introduction: The recent judgment by the Income Tax Appellate Tribunal (ITAT) Bangalore in the case of ACIT Vs MYMUL Raitha Kalyana Trust sheds light on the denial of exemption under Section 11(1) of the Income Tax Act for expenses related to mementos given to Presidents and Secretaries of Milk Producers Association. This article provides a detailed analysis of the case and its implications.

Detailed Analysis

1. Background: The appeals before the ITAT Bangalore were directed against orders of the NFAC, Delhi, concerning assessment years 2016-17 and 2017-18. The central issue pertained to the denial of exemption under Section 11(1) of the Income Tax Act to the assessee, particularly regarding expenses incurred for mementos.

2. Assessment by NFAC: The NFAC, Delhi, observed that while the assessee qualified for exemption under Section 11(1) for contributions received from MYMUL, expenses incurred on mementos did not align with the charitable activities of the trust. The NFAC held that such expenses were taxable under Section 13(1)(c) read with Sections 13(2) and 13(3) of the Act.

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