ITO (E) v. Shree Sardarshahr Gaushala Samity (2023) 201 ITD 110 (Kol)(Trib)

S. 11 : Property held for charitable purposes-Interest received on compensation in respect of compulsory acquisition of land-Not barred from claiming deduction under section 57(iv) of the Act. [S.10(33), 56(2)(vii),57(iv),145B(1)]

Assessee-trust, claimed  exemption under section 11, claimed deduction under section 57(iv) from interest received on compensation in respect of compulsory acquisition of land. Assessing Officer rejected assessee’s claim on ground that section 11 is a separate code under Chapter III and, therefore, no deduction is allowable under Chapter IV of the Act.  Commissioner (Appeals) allowed assessee’s appeal holding that deduction had been claimed in accordance with law.  Dismissing the appeal of the Revenue the Tribunal held that the income of an assessee claiming exemption under section 11 could be classified under various heads of income, except Profits and gains of business or profession (PGBP)  and entitled to permissible deductions therein. Assessee claiming exemption under section 11 is not barred from claiming deduction under section 57(iv) on account of interest received on compensation in respect of compulsory acquisition of land. Referred DIT(E) v .Jasubhai Foundation  (2015) 374 ITR 315 / 58 taxmann.com 218 (Bom)(HC),IAC v. Saurashtra Trust (2007) 106 ITD 1 ((SB)(Mum)(Trib) (AY. 2016-2017)