Dy. CIT (E) v. Gyanganga Education Society (2022) 219 TTJ 1 (UO) (Rajkot)(Trib)

S. 11 : Property held for charitable purposes-Rent paid to specified persons-Fair market rents-Not made any excessive payments-Denial of exemption is not valid [S. 13(1)(c), 13(3)]

Held that the rent paid by the assessee trust to its trustees and their relatives for the school complexes cannot be said to be excessive by comparing the same with municipal valuation. When the said rents are less than the fair market rents paid by various governmental and commercial organizations for the buildings occupied by them, computer rent paid by the assessee trust per student per month being less than the rate approved by the State Government and the rates charged by other educational institutions, it is not a case of passing undue benefits to specified persons and, therefore, denial of exemption under S.  11 is not justified. (AY. 2010-11, 2011-12)