Assessee, a public charitable trust, was engaged in educational activities. It had claimed carry forward of deficit for year under consideration together with deficits of other assessment years contending that it had incurred excess expenditure over voluntary contributions received by it. Assessing Officer denied said relief. CIT (A) granted relief to assessee but reduced quantum of deficit to extent of 15 per cent of income as entitled to be accumulated by a trust under section 11(1)(a) to be eligible for carry forward and set-off in subsequent years. Tribunal held that method of computation as suggested by CIT (A) was totally devoid of any logic since statutory postulations towards accumulation of 15% of income for indefinite period is an entitlement or a right of absolute nature vested upon assessee but, it cannot be regarded as an obligation envisaged in law, impugned order of CIT (A) was to be quashed. (AY. 2015-16)
Gnyan Dham Vapi Charitable Trust v. DCIT (2020) 185 ITD 543 (Ahd.)(Trib.)
S. 11 : Property held for charitable purposes-Excess spending Deficit or shortfall could be allowed to be carried forward in full for set off against incomes generated in subsequent years. [S. 11(1)(a)]