NATYA SANKALPAA Vs. DIRECTOR, INCOME TAX (EXEMPTIONS)

JUDGEMENT

(1.) The appellant assessee Trust was formed by Smt. Urmila Sathyanarayanan for promoting Bharatanatyam and other forms of Indian Classical Dance. The other Trustee of the Assessee Trust is Sri.A.D. Sathyanarayanan, husband of Smt. Urmila Sathyanarayanan. The land in question belong to Sri.A.D. Sathyanarayanan as an individual and in order to extend his goodwill for the benefit of his wife's endeavour to promote the classical dance, he permitted the Trust to construct a building by utilising the funds of the Trust for the purpose of promoting Bharatanatiyam and other Indian Classical dances.

(2.) The assessee trust is registered under Sec. 12AA of the Income Tax Act, 1961, (hereinafter referred to as the Act) on 23.12.1997. The Assessing Officer, while completing the assessment in the year 2009 -2010, denied exemption under Sec. 11 of the Act, as claimed by the assessee, stating that the income of the assessee Trust fell within the ambit of amended provisions of Sec. 2(15) of the Act and that the assessee trust has violated the provisions of Sec. 13(1)(c) of the Act. On a challenge made to the assessing order, the Commissioner allowed the appeal in favour of the Trust. The Tribunal reversed the said finding. Hence, the present appeal by the assessee.

(3.) The finding of the Tribunal is that,