Assessee, a charitable organisation registered under section 12A was engaged in charitable activities in field of education and, claimed exemption under section 11 of the Act. Assessing Officer denied exemption under section 11 holding that property of trust was under possession and use by a company, Drishti Advertisement Pvt Ltd, in which trustees were interested, who were covered under section 13(3) and rent charged was much lesser than market rate. Held that the authorities did not take into consideration said premium paid by DAPL in respect of aforesaid tenancy, over and above agreed rent, and only considered rent paid by Drishti Advertisement Pvt Ltd. Denial of exemption was held to be not valid. (AY. 2010-11)
Mehta Charity Trust v. DIT (2022) 197 ITD 501 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes-Granting of tenancy to a company in which the trustees are interested-Premium charged-No violation of section 13((3)-Denial of exemption is not justified. [S. 12A, 13(3)]