Maharaja Ranjit Singh War Museum Society, Ludhiana v. CIT (2020) 275 Taxman 640 / 191 DTR 368 / 315 CTR 423 (P&H)(HC)

S. 11 : Property held for charitable purposes – Museum- Transfer of amount to Punjab State war heroes – Donee trust was not registered – Violation of provision- Addition is held to be justified [ S.11(2) , 11(3), 12AA ]

Assessee-society was running Museum by name of Maharaja Ranjit Singh War Museum and was registered under section 12AA  oof the Act . During relevant year, Rupees one crore was given to Punjab State War Heroes Memorial & Museum Society ‘PSWHMMS’ on directions of Government of Punjab.  Donee-Society was not registered under section 12AA at relevant time.  The Assessing Officer held that the amount transferred to PSWHMMS was considered as income of assessee, holding that there was violation of section 11(2) and section 11(3)(d). Order of the Assessing Officer was affirmed by the  Tribunal . On appeal the Court held that  since it was not claim of assessee that amount was being accumulated for payment to PSWHMMS, there was a clear violation of conditions referred in sub-section (2) and sub-section (3) of section 11. Accordingly addition of amount transferred to PSWHMM is up held .   (AY. 2014-15)