During survey it was found that the trust had made certain payments to a company in which the trustees being specified persons were having substantial t interest and also found that substantial honorarium was paid to trustees and their family members . The notice was issued against for denial of exemption under section 11 on ground that payment out of income from property held under trust was paid directly for benefit of persons referred to in section 13(3) of the Act Assessee filed an writ petition against said show cause notice for reason that impugned notice threatened to cancel primary exemption enjoyed by trust . The Court held that it is a settled law that denial of exemption under section 11 should only be to extent of income which is violative of section 13(1)(d) and not total denial of exemption . Accordingly the revenue was to be directed to only forfeit exemption under section 11 in respect of offending payments . (AY. 2016-17)
St. Xavier Educational Trust v. CIT (E) (2021) 281 Taxman 193 (Mad.) (HC)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Survey – Only to extent of income which was violative of section 13(1)(d) and not total denial of exemption. [ S. 11, 12A, 13(1)(d), 133A, Art , 226 ]