ACIT v. Bandhan Konnagar. (2025) 211 ITD 743 (Kol) (Trib.)

S. 11 : Property held for charitable purposes-Accumulation of Income-Rehabilitation and medical care of poor and weaker section-Order of CIT(A) allowing the exemption is affirmed-Administrative and establishment expenses incurred by assessee, a charitable institution, were part of application of income for charitable activities. [S.11(2), Form 10]

Assessee is  a charitable institution, engaged in business of micro-financing. During year, assessee claimed accumulation under section 11(2). Assessing Officer denied assessee’s claim on ground that purposes mentioned in Form No. 10 were general in nature and did not satisfy requirement of section 11(2).  Commissioner (Appeals)  had provided specific objective for utilization of accumulated amount which is  for relief, rehabilitation and medical care of poor and weaker section and he held that assessee had made clear statement and set out purpose for which income was to be set apart.  Order passed by Commissioner (Appeals) is  upheld. Tribunal also held that  administrative and establishment expenses incurred by assessee, a charitable institution, were part of application of income for charitable activities, accumulation was to be worked out by taking gross receipts in place of net receipts. (AY. 2014-15)

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