Income Tax

Unspent amount of donations shown as current liabilities not income if received with stipulation to their use – HC

Unspent amount of donations shown as current liabilities not income if received with stipulation to their use by the Charitable Trust-High Court

ABCAUS Case Law Citation
ABCAUS 2377 (2018) 06 HC

The instant appeal was filed by the Revenue u/s 260-A of the Income Tax Act 1961against the order passed by the Income Tax Appellate Tribunal (ITAT). The substantial question of law  raised was as to whether donations received by the respondent assessee in the mid of the Financial Year with the stipulation from the donors that part of the said money may be utilized for the specified charitable purpose in the next financial year can be treated as the income for year of receipt of the donation or not?

The assessee was a Charitable Trust. During the middle of the financial year, it had received donation with specific stipulation from the donor regarding its use over a period of time which spread over to more than one year.

Accordingly, the assessee had treated the donation as income of the year only to the extent to it was utilised during the year under consideration. Rest of the

donation amount had been shown as unearned income grouped under “current liabilities” in the balance sheet being the proportionate amount to be utilized in the subsequent year .

However, the Assessing Officer (AO) denied the claim of the assessee and treated the whole amount of fonation as income for the relevant assessment year.

The CIT(A) held in favour of the assessee.

The Tribunal  observed that the Assessing Officer had denied the claim of the

Assessee without disputing that the donations in question had been received with stipulation regarding its use over a period of time.

The ITAT opined that when the donations was received in the mid of the financial year and the same was to be used over a further period of 12 months then only half of the donations to be used for the year under consideration and the balance half of the donation to be used in the next financial year.

It was observed that the donation received with a stipulation to be used over a period of time extending into succeeding year cannot be treated the income of the year under consideration alone but it had to be divided in proportion as per its use over the period of time spreading over the year under consideration and subsequent year. Hence the part of the donation was treated as income by the assessee in the year in which the obligation to spend the amount had been conditioned by the donor with a stipulation regarding the use over a period of time.

The Tribunal observed that when the assessee was complying with the specific condition of utilizing the amount of donation for a particular purpose and for a particular period of time, then it could not be given a different treatment which is contrary to the conditions of donation. Therefore the treatment given by the assessee was proper and as per the conservative accounting policy.

The Tribunal held that the donation which pertained and to be used and spent

during the next Financial Year cannot be treated as the income of the year under consideration when there was a specific condition stipulated by the donor.

The Hon’ble High Court observed that both the Appellate Authorities had concurrently held in favour of the respondent-assessee that the unspent amount of donations to be spent in the next financial year had been rightly described as

“current liabilities” and therefore, cannot be treated as income.

The Hon’ble High Court opined that findings and reasons assigned by the two Appellate Authorities below in this regard were justified and in accordance with the consistent accounting practice followed by the assessee. Accordingly the appeal was dismissed.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

4 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

2 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago