ITO (E) v. Vaibhav Medical & Education Foundation (2025) 235 TTJ 234 (Mum)(Trib)

S. 11: Property held for charitable purposes-contribution of Rs. 50,000 to the trustees of ABET for creating that trust-Not specified person-Lease rent paid by the assessee for a building which was provided free of charge to ABET to enable it to start a school-No disallowance can be made.-Income from house property-Deduction is not allowable-Method of accounting-Cash system-Interest income-Addition on account of interest accrued and not received was deleted. [S. 13(2)(a), 13(2(b), 13(2)(g), 24(a), 145]

ABET is a charitable trust registered under s. 12A, and there is no material available on the record to infer that it exists for the purpose of profit. Therefore, the question of entitlement to any profit of ABET does not arise.. Hence, the provisions of s. 13(3)(e) is also not applicable to the facts of the present case. Tribunal also held that the disallowance of lease rent paid by the assessee for a building which was provided free of charge to ABET to enable it to start a school, which was deleted by the CIT A), was upheld.   Deduction under section 24 claimed by the trust on income declared under the head income from house property is not allowable. The Tribunal also held that the assessee has followed the cash basis of accounting since inception for the purpose of income tax returns, even though it is following the mercantile system of accounting; accordingly, the addition made by the Assessing Officer on account of interest accrued but not received is not sustainable.  (AY.2011-12)

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