Sir Dorabji Tata Trust v. DCIT (2021) 188 ITD 38 / 197 DTR 289 / 209 TTJ 409 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-All details were on record-Payment of remuneration to managing trustee of major philanthropic trust was accepted in earlier years-Investment in shares by assessee-trust had been accepted as part of corpus of trust for over four decades by department and CBDT had also accepted same while notifying assessee-trust under section 10(23C)-Revision is held to be not valid. [S. 10(23C), 11, 13(2)]

Allowing the appeal the Tribunal held that all details were on record. Payment of remuneration to managing trustee of major philanthropic trust like assessee and an important part of India’s most prestigious and credible business house, was not at all so unusual as to warrant further inquiries about its reasonableness more so when similar payments to him did not invoke provisions of section 13(2) in earlier years. Investment in shares by assessee-trust had been accepted as part of corpus of trust for over four decades by department and CBDT had also accepted same while notifying assessee-trust under section 10(23C), it was not at all unreasonable on part of Assessing Officer not to question whether or not investments in shares were part of corpus; Commissioner was clearly in error in invoking powers under section 263 on ground that Assessing Officer failed to examine investments of trust complying with provisions of sections 11(5) and 13(1)(d). Revision order was quashed.  (AY. 2014-15)