Assessee-trust was conducting its activities in carrying out charitable activities, i.e., education, relief to poor, etc..During year, assessee purchased a luxury vehicle by utilizing funds of assessee-trust and same was registered in name of managing trustee. Assessing Officer denied exemption under sections 11 and 12 to extent of value of that vehicle on ground that objects of assessee trust were carrying out of charitable activities and fund collected for this charitable purposes was utilized for enjoyment of trustees by means of purchase of said vehicle in name of managing trustee which was a clear violation under section 13(1)(c). CIT(A) affirmed the order of the AO. On appeal the Assessee contended that car was purchased in name of managing trustee for simple reason that it gave relief by way of lower road/life tax and insurance charges. Tribunal held the assessee could not prove as to what use this asset was put to by trust in work of trust and for purposes for which trust had been set up. Since assessee was not able to establish that said vehicle is utilized for purpose of charitable activities, the order of lower authorities denying the exemption under sections 11 and 12 is affirmed. (AY. 2016-17)
Sri Karpaga Vinayagar Educational and Charitable Trust v. ITO (2024) 208 ITD 333 (Chennai) (Trib.)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Purchase of luxury vehicle-Registered in name of manging trustee-Not able to establish that vehicle was utilized for purpose of charitable activities-Exemption under sections 11 and 12 is denied on value of vehicle purchased [S. 11, 12, 13(1)(c)]