9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (10) TMI 459 - HC - Income TaxApproval under 80G - Society applying its income towards investments in fixed assets like purchase of buses and construction - Held That - Once Tribunal has found that after deprication and deducting the capital expenditure out of gross receipts, there was no surplus in the hands of the society, therefore, there was no violation of Section 11 of the Act and there was no requirement to furnish intimation in form 10 and once exemption had been granted under Section 12AA of the Act on 29.8.2002 and the same was continuing the CIT was, therefore, not justified in denying the approval under Section 80G of Act and, therefore, all the conditions of Section 80G(5) of the Act are fulfilled in the present case and, therefore, the trust was eligible for registration under Section 80G(5)(vi) of the Act.
Issues:
- Approval under Section 80G of the Income Tax Act, 1961 - Rejection of application by the Commissioner of Income Tax based on surplus generation and capital expenditure - Tribunal's decision on depreciation and capital expenditure - Compliance with conditions for approval under Section 80G - Denial of approval by the Commissioner despite exemption under Section 12AA Approval under Section 80G of the Income Tax Act, 1961: The case involved an appeal against the order of the Income Tax Appellate Tribunal, where the Tribunal directed the Commissioner of Income Tax to grant approval under Section 80G to the assessee. The Commissioner had rejected the application based on the society's surplus generation and capital expenditure, which were deemed non-charitable purposes. The Tribunal, however, found that the capital expenditure for constructing a school building and purchasing a bus was within the aims and objects of the educational society, leading to a negative surplus when depreciation and capital expenditure were deducted from the gross receipts. Rejection of application by the Commissioner based on surplus generation and capital expenditure: The Commissioner rejected the application under Section 80G citing the society's surplus generation and capital expenditure for school assets. It was noted that the society had failed to meet the prescribed percentage for application of funds in certain financial years, leading to a denial of the claim under Section 11(2) of the Income Tax Act, 1961. Additionally, the failure to provide intimation in form 10 to the Assessing Officer was highlighted as a reason for rejection. Tribunal's decision on depreciation and capital expenditure: On appeal, the Tribunal considered the depreciation and capital expenditure incurred by the society for school infrastructure and transportation purposes. By deducting these expenses from the gross receipts, the Tribunal found no surplus in the society's hands, aligning with the charitable aims and objects of the society. This led the Tribunal to grant approval under Section 80G, emphasizing that the society was also enjoying exemption under Section 12AA of the Act. Compliance with conditions for approval under Section 80G: The judgment highlighted the conditions specified in Rule 11AA of the Income Tax Rules, 1962 for approval under Section 80G. It outlined the necessary documents and the Commissioner's discretion to call for additional information to ensure the genuineness of the institution's activities. The judgment emphasized that the satisfaction of all conditions laid down in the Act should lead to the grant of approval by the Commissioner. Denial of approval by the Commissioner despite exemption under Section 12AA: Despite enjoying exemption under Section 12AA of the Act, the Commissioner had denied approval under Section 80G to the society. The judgment referenced previous cases to establish that the mere generation of profit should not be a ground for denial of registration, especially when the surplus was utilized for the benefit of the society in line with its charitable objectives. The court upheld the Tribunal's decision, emphasizing that the society was eligible for registration under Section 80G(5)(vi) of the Act. The appeal was dismissed, and no substantial question of law was found to arise for determination by the Court.
|
