2014 (1) TMI 1081 - HC - Income Tax

Exemption u/s 11 r.w Section 12 of the Act Held that - The assessees were registered under Section 12A of the Act - assessees are trusts established wholly for the purposes of imparting education - Merely because the assessees made contributions to another trusts, also registered under Section 12A of the Act and because, in some of the years, their revenue was more than their expenditure, despite non-cancellation of their registration under Section 12A of the Act - the assessees are no longer entitled to the registration, it would have been obligatory on its part to bring the same to the notice of the Commissioner for the purpose of de-registration of the assessees. Instead of that, in a most mala fide manner, he assessed the assessees the order of the CIT(A) upheld Decided against Revenue.

Summary

Issues:
Interpretation of Section 13 of The Income Tax Act, 1961 regarding benefits exclusion for trusts for private religious purposes.
Assessment of trusts established for imparting education and their entitlement to benefits under Sections 11 and 12 of the Act.
Procedural requirements for registration and de-registration of trusts under Section 12A and 12AA of the Act.

Analysis:
The judgment by the High Court of Uttarakhand, delivered by Hon'ble Barin Ghosh, C.J., and Hon'ble U.C. Dhyani, JJ., addresses multiple appeals arising from the same issue based on identical facts and law but for different assessment years. The central focus is on the interpretation of Section 13 of The Income Tax Act, 1961, which excludes benefits under Sections 11 and 12 for trusts for private religious purposes. The appellant did not claim that the assessees were private religious trusts, as they were registered under Section 12A. Section 11 deals with income from property held for charitable or religious purposes, while Section 12 extends benefits to trusts created wholly for charitable or religious purposes or institutions established for such aims.

In this case, the assessees are trusts established solely for imparting education and received contributions for educational purposes. Despite some years showing revenue exceeding expenditure and contributions made to other trusts, the Assessing Authority erroneously denied benefits under Sections 11 and 12. The Commissioner of Appeals and the Tribunal rectified this error, emphasizing the importance of proper procedures under Section 12AA for registration and cancellation. The Assessing Officer's failure to follow due process by not notifying the Commissioner for de-registration before assessment was deemed mala fide.

The Court criticized the belated claim that the assessees were established for private religious purposes, raised without prior mention in any submissions. The judgment ultimately dismissed the appeals, noting the restraint exercised in not imposing exemplary costs despite the circumstances. The decision affirms the conclusions reached by the Commissioner of Appeals and the Tribunal, underscoring the significance of adherence to procedural requirements and the correct interpretation of tax laws in determining the entitlement of trusts to statutory benefits.