Income Tax

Mere payment of remuneration to trustees not attract section 13(1)(d) unless excessive or unreasonable

Mere payment of remuneration to trustees not attract section 13(1)(d) of Income Tax Act unless it is excessive or unreasonable as compared to services rendered

ABCAUS Case Law Citation:
ABCAUS 2558 (2018) (10) ITAT

Important Case Laws Cited/relied upon by the parties:
CIT vs. Kamla Town Trust, 279 ITR 089 (All)

The appellant assessee was a a charitable trust registered under section 12A of the Income Tax Act, 1961 (the Act).

The trust had filed an appeal alleging that the CIT(A) erred in confirming the order of the Assessing Officer in not allowing exemption u/s 11 & 12 of the Act on the ground that the assessee violated inter alia the provisions of section 13(1)(d) of the Act on account of payment of remuneration to the Secretary and President of the assessee society.

The Tribunal opined that a bare perusal of provisions of section 13(1)(d) of the Act show that to attract these provisions, it is not enough that remuneration has been paid to trustees but it has to be also shown that the remuneration paid is excessive or unreasonable as compared to the services rendered by those persons.

It was observed that nowhere the Assessing Officer had even alleged that the remuneration paid to trustees were excessive or unreasonable. The AO proceeded on the assumption that section 13(1)(d) of the Act is attracted merely on making of payment of remuneration to the trustees whereas the legal position is not such.

The Tribunal found that there was no material brought by the revenue to show that the remuneration paid to the four persons in question were excessive or unreasonable having regard to the services rendered by them.

In view of the above, the Tribunal opined that the allegation of the Assessing Officer that there was violation of provisions of section 13(1)(d) was unsustainable.

Accordingly, the Tribunal set aside the orders of lower authorities with direction to the Assessing Officer to allow exemption u/s 11 & 12 of the Act to the assessee as per law.

Download Full Judgment Click Here >>

Share

Recent Posts

  • GST

Goods loaded in two trucks with one e-way bill stating both truck numbers – No evasion

When goods are loaded in two trucks with one e-way bill specifically mentioning both truck numbers, no intention to evade…

18 hours ago
  • Labour Laws

GOI makes four new Labour Codes  effective from 21st November 2025

GOI makes four new Labour Codes  effective from 21st November 2025 Government of India has announced that the four Labour…

19 hours ago
  • EPFO

Provident fund dues have first charge over claim of bank under SARFAESI Act – SC

Provident fund dues definitely have a first charge over claim of bank under SARFAESI Act – Supreme Court In a…

1 day ago
  • Income Tax

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT…

2 days ago
  • contract-law

UP Govt. notifies reduced rate of registration/stamp duty fees on lease agreements

Uttar Pradesh Government has notified reduced / concessional rate of registration and stamp duty fees on lease / rent agreements.…

2 days ago
  • Income Tax

First-time experience in filing appeal a reasonable & bona fide cause for delay

First-time experience in filing appeal was a reasonable and bona fide cause for delay – ITAT condoned delay In a…

4 days ago