2012 (4) TMI 611 - AT - Income Tax

Eligibility for claim of exemption u/s 10(22)/10(23C) - Held that - Since the assessee was owned by the State Government, it was a lengthy process for appointment of auditor, when the list of such auditors was given only by C & AG, the assessee has to go through various formalities for appointment of auditors and fixing their remuneration, which required proper approval and sanction of various authorities. As soon as the assessee has got the registration u/s 12AA, the assessee has also started to obtain necessary approval and also the audit report in prescribed form 10B for the claim of exemption u/s 11. Thus, we found that there was reasonable cause for delay in obtaining the audit report. In the interest of justice, we condone the delay in obtaining the audit report and direct the AO to examine the assessee s claim for exemption u/s 11 on merits, after verifying the various conditions which are required to be fulfilled, more particularly the utilization of receipts for the purpose of objects of society as discussed herein above to the extent of 85 %. Assessee is also directed to submit the other details as desired by the AO for verifying its claim of exemption u/s 11 of the Income-tax Act, 1961

Issues Involved:
1. Incorrect interpretation of law and facts by CIT(A).
2. Denial of benefit under sections 11 to 13 due to non-filing of audit report in Form 10B.
3. Denial of exemption under sections 10(22) and 10(23C) without following directions of higher authorities.
4. Classification of the assessee as an educational institution.
5. Substantial financing by the State Government.
6. Use of surplus for educational purposes.

Issue-wise Detailed Analysis:

1. Incorrect Interpretation of Law and Facts by CIT(A):
The assessee argued that the CIT(A) incorrectly interpreted the law and facts, leading to an erroneous decision. The tribunal noted that the CIT(A) failed to consider the assessee's compliance with statutory requirements and the retrospective effect of the registration granted under section 12AA.

2. Denial of Benefit Under Sections 11 to 13 Due to Non-filing of Audit Report in Form 10B:
The CIT(A) and AO denied the benefit under sections 11 to 13, citing the absence of the audit report in Form 10B during the assessment proceedings. The tribunal observed that the audit report was obtained retrospectively after the registration under section 12AA was granted. The tribunal referenced various judicial pronouncements, including CIT vs. Medicaps Ltd and CIT vs. Hardeodas Agarwalla Trust, which held that the filing of the audit report is procedural and can be submitted during appellate proceedings. The tribunal directed the AO to examine the claim for exemption under section 11 on merits, condoning the delay in obtaining the audit report.

3. Denial of Exemption Under Sections 10(22) and 10(23C) Without Following Directions of Higher Authorities:
The AO and CIT(A) denied the exemption under sections 10(22) and 10(23C), disregarding the directions of the Hon'ble High Court and ITAT. The tribunal emphasized the need to follow the judicial precedents and directions from higher authorities. The tribunal highlighted the Hon'ble Supreme Court's decision in Assam State Text Book Production and Publication Corporation Ltd. vs. CIT, which recognized similar institutions as educational institutions entitled to exemption.

4. Classification of the Assessee as an Educational Institution:
The AO and CIT(A) contended that the assessee was not an educational institution as it was primarily engaged in printing and selling books. The tribunal referred to the Hon'ble Supreme Court's decision in Assam State Text Book Production and Publication Corporation Ltd. vs. CIT, which recognized such activities as educational. The tribunal concluded that the assessee's activities, including printing and distributing textbooks at a cheaper rate, aligned with educational purposes and qualified for exemption under sections 10(22) and 10(23C).

5. Substantial Financing by the State Government:
The AO argued that the assessee was not substantially financed by the State Government, thus disqualifying it from exemption under section 10(23C)(iiiab). The tribunal examined the audited accounts and found that the State Government provided significant financial support under the "Sarva Shiksha Abhiyan" scheme. The tribunal concluded that the assessee was substantially financed by the State Government and eligible for exemption under section 10(23C)(iiiab).

6. Use of Surplus for Educational Purposes:
The AO and CIT(A) claimed that the assessee's surplus indicated a profit motive. The tribunal analyzed the audited accounts and found that the surplus was utilized for educational purposes, such as constructing school buildings and providing scholarships. The tribunal referenced judicial pronouncements, including the Rajasthan High Court's decision in CIT vs. Rajasthan State Text Book Board, which held that generating surplus incidental to educational activities does not disqualify an institution from exemption. The tribunal concluded that the assessee's surplus was used solely for educational purposes, supporting its claim for exemption.

Conclusion:
The tribunal allowed the assessee's appeal in part, granting exemption under sections 10(22) and 10(23C) for the relevant assessment years. The tribunal also directed the AO to examine the claim for exemption under section 11 on merits, condoning the delay in obtaining the audit report. The tribunal emphasized the need to follow judicial precedents and directions from higher authorities in assessing the eligibility for exemptions.

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