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Case Law Details

Case Name : Ramalingam Charities Vs CIT (Madras High Court)
Appeal Number : Tax Case (Appeal) Nos. 809 to 813 of 2010
Date of Judgement/Order : 11/03/2011
Related Assessment Year :
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Ramalingam Charities Vs CIT, Salem (Madras High Court) – Tribunal considered the claim  of the revenue as well as the assessee and pointed out that having regard to the fact that  the Trust deed was  not  existing solely for  the educational purposes and that the trust had engaged  itself in other activities by  running orphanages, Kalyana mandapam,   money lending business, etc., it cannot be held that the Trust was one solely carrying on the activities of  educational institutions.  The Tribunal further pointed out that having regard to the fact that the assessee had not fulfilled the conditions laid down under Section 11(5) of the Act and had diverted the funds to its sister concern, the assessee  was not entitled to the exemption under Section 11 and 12 of the Act.  Honourable HC also held that since the  assessee has not satisfied the requirement under Section 11(5) to claim benefit under Section 12 of the Act so not eligible to claim exemption u/s 11 and 12 for amount received as corpus fund.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.03.2011

Tax Case (Appeal) Nos. 809 to 813 of 2010

M/s Ramalingam Charities, Salem. v. The Commissioner of Income Tax, Salem-7.

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