2010 (10) TMI 347 - HC - Income Tax

Exemption u/s 10(22) - The objects afore-extracted include establishing small scale industries of all kinds including soap manufacturing oil manufacturing match industry spinning and weaving blacksmithy carpentry etc. and to aid and assist the poor the grief stricken the destitutes and persons and animals suffering from calamities - These objects are alien to educational purposes and since the exemption under section 10(22) is available only if the assessee-trust is an educational institution existing solely for educational purposes and not for purposes of profit and as the existence of the assessee-trust is not solely for educational purposes the benefit of section 10(22) of the Act would not be available to them Under section 13(1)(c)(ii) nothing contained in section 11 shall operate so as to exclude from the total income of the previous year of the person in the case of a trust for charitable purposes if any part of such income or any property of the trust or the institution is during the previous year used or applied directly or indirectly for the benefit of any person referred to in sub-section (3) - The amount advanced by way of loan on interest to M/s. B. K. Industries Nizamabad (a firm in which the president of the trust was interested) and Rs. 1 lakh was given by way of loan to the founder s widow Smt. Janaki Devi who was also one of the trustees of the assessee-trust does not fall within any of the forms or modes of investment or deposit of money as referred to in section 11(5) of the Act - Decided against the assessee

Summary

Issues Involved:

1. Entitlement of the assessee-trust for exemption under section 10(22) of the Income-tax Act.
2. Compliance of the assessee-trust with the provisions of sections 11 and 13 of the Income-tax Act in its investments.

Issue-wise Detailed Analysis:

Issue 1: Entitlement for Exemption under Section 10(22)

The primary question was whether the assessee-trust was entitled to exemption under section 10(22) of the Income-tax Act, which exempts the income of educational institutions existing solely for educational purposes and not for profit. The Tribunal had noted that the trust's dominant object was to run educational institutions in the "Gurukul" style, and it had established and managed such institutions. Despite the trust's income being derived from various sources, including interest from loans given to M/s. B. K. Industries and Smt. Janaki Devi, the Tribunal held that the trust existed solely for educational purposes and not for profit, thus granting exemption under section 10(22).

However, the High Court emphasized that the exemption under section 10(22) is available only if the institution exists solely for educational purposes and not for profit. The court noted that the objects of the trust included activities such as establishing small-scale industries and aiding the poor and destitute, which are alien to educational purposes. Therefore, the court concluded that the trust did not exist solely for educational purposes, and the benefit of section 10(22) was not available to the assessee-trust. The first question was answered in the negative, against the assessee-trust, and in favor of the Revenue.

Issue 2: Compliance with Sections 11 and 13

The second issue pertained to whether the assessee-trust had violated sections 11 and 13 of the Income-tax Act by investing its funds in M/s. B. K. Industries and with Smt. Janaki Devi. Section 11 relates to income from property held for charitable or religious purposes, and section 11(5) specifies the forms and modes of permissible investments. Section 13 stipulates that section 11 shall not apply if any part of the income or property of the trust is used or applied for the benefit of certain persons, including trustees.

The High Court observed that the loans given to M/s. B. K. Industries and Smt. Janaki Devi did not fall within the specified forms or modes of investment under section 11(5) and violated section 13(1)(c) as they were for the benefit of persons referred to in section 13(3). Consequently, the court held that the assessee-trust had violated the provisions of sections 11 and 13. The second question was also answered in the negative, against the assessee, and in favor of the Revenue.

Conclusion:

The High Court concluded that the assessee-trust was not entitled to exemption under section 10(22) as it did not exist solely for educational purposes. Additionally, the trust had violated sections 11 and 13 by making impermissible investments. Both questions were answered in favor of the Revenue and against the assessee-trust. The RC was disposed of accordingly.