Ita/187/2009 Of The Commissioner Of Income Tax, Tvm v. M/S.universal Trust

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 ITA.No. 187 of 2009() --------------------- ITA.353/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT:APPELLANT: ---------------------------------------- THE COMMISSIONER OF INCOME TAX,THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX RESPONDENT(S): RESPONDENT: -------------------------------------------------- M/S. UNIVERSAL TRUST,NEAR PRESS CLUB ROAD, OTTUKUZHI,THIRUVANANTHAPURAM. BY ADV. SRI.A.KUMAR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ------------------------------------------- I.T. Appeal No.187 of 2009 ------------------------------------------- Dated this the 8[th] September, 2010 JUDGMENT Ramachandran Nair, J. Heard the Standing counsel for the appellant and Adv.A.Kumar appearing for the respondent. 2. The question raised is whether the Tribunal wasjustified in confirming the order of the First AppellateAuthority holding that the respondent being a CharitableInstitution is entitled to exemption. We find that on facts,the Tribunal found that 78% of the income is shown by theassessee as expenditure for charitable purposes during therelevant year. Further, the respondent Trust enjoyedexemption as a charitable institution based on registrationgranted by the commissioner which was also notwithdrawn. We do not find any question of law arisingfrom the order of the Tribunal. Consequently, the appealis dismissed. C.N.RAMACHANDRAN NAIR JUDGE K.SURENDRA MOHAN JUDGE