2015 (3) TMI 3 - AT - Income Tax

Exemption under section 10(23C)(iiiad) denied - Held that - Where the assessee had solely engaged in engaging it self and providing education through its Nursing Institute to girls students and where the annual receipts of the said institute were less than the prescribed limit, we hold that the assessee is entitled to the benefit of exemption under section 10(23C) ( i i i ad) of the Act . Merely because the assessee in its aims and objects had prescribed other objects which it was not pursuing during the years under consideration, we find no merit in the orders of the authorities below in holding that the assessee was not exclusively existing for educational purposes . The conduct of the assessee and the activities carried on by the assessee clearly established that it was solely engaged in providing education to the girl students in the rural area in which it had established its Nursing Institute. Thus we direct the AO to allow the benefit of exemption under section 10(23C) ( i i i ad) of the Act . - Decided in favour of assessee.

Summary

Issues:
Denial of exemption under section 10(23C)(iiiad) of the Income Tax Act, 1961.

Analysis:
The judgment pertains to a bunch of appeals filed by the same assessee against the order of the Commissioner of Income Tax (Appeals) Chandigarh related to assessment years 2007-08 to 2010-11 concerning denial of exemption under section 10(23C)(iiiad) of the Act. The primary issue raised in all the appeals is the denial of exemption under the aforementioned section. The assessee claimed exemption based on the operation of a Nursing Institute, but the Assessing Officer contended that the aims and objects of the assessee-society did not align with the educational activities, thus denying the exemption. The Commissioner of Income Tax (Appeals) upheld the denial of exemption, stating that the institution should exist solely for educational purposes to qualify for the exemption under section 10(23C)(iiiad) of the Act.

The assessee argued that the only pursued objective was in the field of education, specifically running a Nursing Institute, and therefore, it was entitled to the exemption. The assessee highlighted the establishment and operation of the Nursing Institute, emphasizing that it had not engaged in any other activities besides education. The assessee presented evidence of the institute's activities, affiliations, and the change in objects to focus solely on educational endeavors. The assessee contended that the exemption should be granted based on the educational nature of its operations.

Upon examination, the tribunal noted that the assessee had indeed solely engaged in providing education through its Nursing Institute, with receipts falling below the prescribed limit for exemption under section 10(23C)(iiiad) of the Act. The tribunal found that the assessee's activities clearly demonstrated a commitment to educational purposes, despite other charitable aims outlined in its objects. Consequently, the tribunal directed the Assessing Officer to allow the benefit of exemption under section 10(23C)(iiiad) of the Act to the assessee for the relevant assessment years.

Furthermore, the tribunal considered the subsequent amendment of aims and objects by the assessee in assessment year 2011-12, leading to the approval for exemption under section 10(23C)(vi) of the Act. In light of these developments and the primary findings, the tribunal directed the Assessing Officer to grant the exemption to the society for the year under consideration. The decision in the primary appeal was deemed applicable to related appeals, resulting in the allowance of all appeals filed by the assessee.

In conclusion, the tribunal ruled in favor of the assessee, granting the exemption under section 10(23C)(iiiad) of the Act based on the educational focus and activities of the Nursing Institute operated by the assessee, despite other charitable objectives outlined in its aims and objects.