Gnyan Dham Vapi Charitable Trust v. Dy. CIT (2020)82 ITR 14 (SN)(Ahd) (Trib)

S. 11 : Property held for charitable purposes – Application of income – Accumulation of income -Retain or accumulate 15 Per Cent. of income without any time limit and is benevolent in nature however it cannot be regarded as an obligation envisaged in Law. [ S. 11(1)(a) , 11(1)(b ) ]

A statutory obligation has been cast on  beneficiary trusts to  utilise  at  least 85 Per Cent. of the income derived from the trust property unless accumulated or  set apart for application in subsequent years subject to certain stipulated conditions , without any time limit is benevolent in nature, however it  cannot be  regarded as an obligation envisaged in law. Followed , Maharshi Karve Stree Shikshan Samstha Karvenagar v. ITO ( 2019) 174 ITD 591 (Pune) (Trib)   ( AY.2015-16)