Tribunal held that admittedly the assessee had derived interest on its fixed deposits with banks at 7.5 per cent. to 7.75 per cent. and in turn paid interest to its trustee at 10 per cent. and at 14.75 per cent. to the bank in the previous year. The assessee had 17 fixed deposit accounts with banks out of which the first one was in the nature of margin money security in favour of the Dental Council of India whereas accounts 2 to 14 thereof were fund securities, more in the names of affiliating or regulatory bodies than fixed deposit investments per se. It was very much justifiable on the assessee’s part to maintain these fixed deposits for the purpose of carrying out the trust’s medical education activities. The Department had itself accepted interest paid to the lender banks at 14.75 per cent. in the case of secured loans as against unsecured loans availed of from the trustee. Thus the interest rate of 10 per cent. was not excessive so as to attract the disqualification. The assessing authority had erred in disallowing assessee’s interest payment of Rs. 1,13,41,361 and the enhancement by the Commissioner (Appeals) was also not sustainable. (AY. 2015-16)
Shaheed Kartar Singh Saraba Charitable Trust (Regd.) v. Dy.CIT(E) (2020) 84 ITR 27 (SN) (Chd.)(Trib.)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Benefit to Trustees-Interest rate of 10% was paid to trustees on unsecured loan from Trustees-Exemption cannot be denied. [S. 11, 12A, 80G]