Provisions of section 40(a) are not applicable in case of charitable trust or institution where income and expenditure is computed in terms of section 11

Last updated: 21 June 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
The relevant facts for adjudication of ground No.1 are that the assessee is a charitable institution engaged in carrying out religious and charitable activities within the ambit of section 2(15) of the Income Tax Act. These charitable activities have been recognised by the Department and a certificates under section 12A and 80G has also been granted by the competent authority. During the course of the scrutiny proceeding, the Assessing Officer on perusal of auditor’s report enclosed with the return found that the assessee did not deduct TDS on certain amounts to which the various provisions of Sections 193 & 194 were applicable

Citation :
M/s Mahatma Gandhi Seva Mandir, Opp. Bandra Lake, S.V.Rd, Bandra (W), Mum. PAN NO.AAATM1014A Appellant Vs. DDIT (E) 1(2), Mumbai. Respondent